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WikiTalk Terms of Use

1. Your Acceptance of these Terms

By using and/or visiting this website and/or the browser add-on (collectively, including all Topics and User Content available through the WikiTalk.com domain name or browser add-on, the "Service"), you signify your agreement to (1) these terms and conditions (the "Agreement"), (2) WikiTalk's Privacy Policy, found at http://wikitalk.com/PrivacyPolicy/ and incorporated herein by this reference, and (3) WikiTalk's Community Guidelines, found at http://www.WikiTalk.com/Community.aspx and also incorporated herein by this reference. If you download the WikiTalk Browser Add-on (the “Add-on”), you may be required to agree to additional terms and conditions that are also incorporated herein by this reference. If you do not agree to any of these terms, WikiTalk’s Privacy Policy, or the Community Guidelines, please do not use the Service. WikiTalk is a trade name for certain software and services offered by Xeriton Corporation (as used in this agreement, Xeriton Corporation is referred to as “WikiTalk”). Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Important: Read this Agreement carefully before using the Service. By accessing any Topic or User Content (as defined below) or any part of the Service, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to this Agreement, then you may not access the Topics, User Content or the Service. WikiTalk’s acceptance is expressly conditioned upon your assent to all of the terms and conditions in this Agreement, to the exclusion of all other terms. If this Agreement is considered an offer by WikiTalk, acceptance is expressly limited to this Agreement.

How the Terms can be modified: WikiTalk may revise this Agreement at any time by posting an update to this page. You should visit this page periodically, because your continued use of the Service or Add-on or accessing of the Topics or User Content following the posting of changes to this Agreement will mean you accept those changes. For your convenience, the version number or date of this Agreement will be posted at the bottom of this page. You can also contact WikiTalk to obtain a list of changes made to this Agreement since you first accepted the Agreement by sending an email to the attention of “Terms of Use Changes” at touchanges@WikiTalk.com and including the date you first accepted this Agreement in your email. This Agreement may also be modified by separate agreement between you and WikiTalk.

2. The Service

If you fully comply with this Agreement, WikiTalk may offer to provide the Service. The Service is designed to help you find news articles, web pages and other web content that reside on websites not owned or controlled by WikiTalk (collectively, “Web Content”). The Service allows users to post titles and brief descriptions of Web Content (collectively, a “Topic”). The Service also allows users to post comments about a Topic. There can be more than one Topic for each instance of Web Content. The titles, descriptions and comments associated with Topics and material otherwise posted or submitted by users are referred to in this Agreement as “User Content.” When you select a Topic, depending on whether you have the Add-on installed and properly configured, you will either (i) be linked to Web Content associated with that Topic and the Add-on will display the associated User Content; or (ii) be linked to a WikiTalk web page that displays the User Content relating to the Topic. WikiTalk owns and retains all intellectual property rights to the Service; but WikiTalk does not claim ownership rights to the Web Content, which are instead held by the websites to which the Service links.

WikiTalk may change, suspend or discontinue the Service including any User Content or access to Web Content or Topics for any reason, at any time, including the availability of any feature. WikiTalk may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

3. Your Registration Obligations

As a condition to using certain aspects of the Service, including, but not limited to, full-functionality of the Add-on, you are required to register with WikiTalk and select a password and screen name ("WikiTalk ID"). You must provide WikiTalk with accurate, complete, and updated registration information. Failure to do so will constitute a breach of this Agreement and may result in immediate termination of your WikiTalk account. You may not (i) select or use as a WikiTalk ID a name of another person with the intent to impersonate that person; (ii) use as a WikiTalk ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a WikiTalk ID a name that is otherwise offensive, vulgar or obscene. WikiTalk reserves the right to refuse registration of, or cancel a WikiTalk ID in its discretion. You are responsible for maintaining the confidentiality of your password.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Agreement, and to abide by and comply with the Agreement. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.

User Conduct. As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by this Agreement, or any other purpose not reasonably intended by WikiTalk.

By way of example, and not as a limitation, you agree not to use the Service:

  • to abuse, harass, threaten, impersonate or intimidate anyone, including other WikiTalk users;
  • to contribute any User Content or post any Topics for Web Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
  • for any illegal or unauthorized purpose;
  • to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any WikiTalk user;
  • to create or submit unwanted email ("Spam") to any other WikiTalk user or as part of any User Content;
  • to violate any laws in your jurisdiction (including but not limited to copyright laws);
  • to submit Topics or User Content linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
  • you will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted by the Service; or (iii) bypass any measures we may use to prevent or restrict access to the Service;
  • with the intention of artificially inflating or otherwise altering ratings of User Content or Topics or otherwise artificially altering the Service, including creating multiple user accounts, giving or receiving money or other remuneration in exchange for votes or comments, or participating in any other organized effort that in any way artificially alters the results of the Service.

WikiTalk may remove any User Content, access to a Topic and Web Content and WikiTalk accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content, Topic or Web Content), or for no reason at all. To report abuse, please email: abuse@WikiTalk.com

4. Content Submitted or Made Available for Inclusion on the Service

You may post Topics and User Content; send other communications; and submit suggestions, ideas, comments, questions, or other information. If you do post a Topic or User Content or submit material, and unless we indicate otherwise, you grant WikiTalk and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Topic or User Content and other submitted material throughout the world in any media. You grant WikiTalk and its affiliates and sublicensees the right to use the name or WikiTalk ID that you submit in connection with such Topic or User Content and other submitted material, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Topic or User Content or other submitted material that you post; that use of the Topic, User Content or other submitted material you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify WikiTalk or its affiliates for all claims resulting from the Topic, User Content or other submitted material you supply. WikiTalk has the right but not the obligation to monitor and edit or remove any activity, User Content or access to Topics or Web Content. WikiTalk takes no responsibility and assumes no liability for any Web Content, Topic, User Content or other submitted material posted by you or any third party.

5. Copyright Complaints

WikiTalk respects the intellectual property of others. It is WikiTalk's policy to respond in a timely manner to claims of copyright and other intellectual property infringement. WikiTalk will timely process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, WikiTalk may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. WikiTalk will terminate access for subscribers and account holders who are repeat infringers.

Notifying WikiTalk of Copyright Infringement. If you are a copyright owner or an agent thereof and believe that any Topic or User Content or other content 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.

WikiTalk's designated Copyright Agent to receive notifications of claimed infringement is: Matthew Boisen, 336 228th Ave NE, Ste. 301, Sammamish, WA 98074, email: abuse@WikiTalk.com, fax: 425-369-2510. For clarity, only DMCA notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Providing WikiTalk with Counter-Notification. If you believe that your Topic or User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your Topic or User Content, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in King County, Washington, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, WikiTalk may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at WikiTalk’s sole discretion.

6. Indemnity

You will indemnify and hold harmless WikiTalk, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to or use of the Service, violation of this Agreement by you, or the infringement by you, or any third party using your account or WikiTalk ID, of any intellectual property or other right of any person or entity.

7. Warranty Disclaimers

You acknowledge that WikiTalk has no control over, and no duty to take any action regarding: which users gain access to the Service; what effects the User Content, Topics or Web Content may have on you; how you may interpret or use the User Content, Topics or Web Content; or what actions you may take as a result of having been exposed to the User Content, Topics or Web Content. You release WikiTalk from all liability for you having acquired or not acquired User Content, Topics or access to Web Content through the Service. The Service may contain, or direct you to sites and Web Content containing, information that some people may find offensive or inappropriate. WikiTalk makes no representations concerning any content contained in or accessed through the Service, and WikiTalk will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WikiTalk, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. WikiTalk MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE, USER CONTENT, TOPICS, WEB CONTENT OR THE CONTENT OF ANY SITES LINKED TO THROUGH THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICE, USER CONTENT, TOPICS, WEB CONTENT OR THE CONTENT OF ANY SITES LINKED TO THROUGH THE SERVICE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN THE SERVICE, USER CONTENT, TOPICS, WEB CONTENT OR THE CONTENT OF ANY SITES LINKED TO THROUGH THE SERVICE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT, TOPICS, WEB CONTENT OR THE CONTENT OF ANY SITES LINKED TO THROUGH THE SERVICE POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WikiTalk DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WikiTalk 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. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

8. Links

The Service may contain links to third party websites that are not owned or controlled by WikiTalk. WikiTalk has no control over, and assumes no responsibility for, the content, privacy policies, terms of use or practices of any third party websites. In addition, WikiTalk will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve WikiTalk from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you access third party websites and to read the terms and conditions and privacy policy of each other website that you visit.

9. LIMITATION OF LIABILITY

IN NO EVENT SHALL WikiTalk, ITS OFFICERS, DIRECTORS, 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 THE SERVICE, USER CONTENT, TOPICS, WEB CONTENT OR THE CONTENT OF ANY SITES LINKED TO THROUGH THE SERVICE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN THE SERVICE, USER CONTENT, TOPICS, WEB CONTENT OR THE CONTENT OF ANY SITES LINKED TO THROUGH THE SERVICE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY USER CONTENT, TOPICS, WEB CONTENT OR THE CONTENT OF ANY SITES LINKED TO THROUGH THE SERVICE POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THROUGH THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT WikiTalk SHALL NOT BE LIABLE FOR USER CONTENT OR TOPICS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by WikiTalk from its facilities in the United States of America. WikiTalk makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10. Termination

WikiTalk may terminate or suspend any and all parts of the Service and your WikiTalk account immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your WikiTalk account, you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

11. Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Agreement and you do not have any authority of any kind to bind WikiTalk in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. WikiTalk shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond WikiTalk's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If for any reason any provision of this Agreement is held to be invalid or unenforceable to any extent, then (i) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision; (ii) such provision will remain in effect to the extent that it is not invalid or unenforceable; and (iii) such invalidity or unenforceability will not affect any other provision of this Agreement. This Agreement is not assignable, transferable or sublicensable by you except with WikiTalk's prior written consent. WikiTalk may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed according to applicable federal laws of the United States and the laws of the state of Washington, without regard to its choice of law provisions. You agree that: (a) the Service shall be deemed solely based in Washington; and (b) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over WikiTalk, either specific or general, in jurisdictions other than Washington. Any claim or dispute between you and WikiTalk that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in King County, Washington.

In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

12. Trademarks

WikiTalk and other WikiTalk graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of WikiTalk in the U.S. and/or other countries. WikiTalk's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

Last Revised: November 20, 2007