Terms of Service

Overview.

Welcome to the Wikiful web site (the “Service” or “Site”), operated by KapowCorp, Inc. (the "Company"). By visiting the Site or accessing or using the Service, you signify that you have read, understand, and agree to be bound by these Terms of Service ("Terms of Service"), without regard as to whether you are a registered member of Wikiful. If you do not agree to these Terms of Service, you should not visit the Site or access or use the Service. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Terms of Service at any time and without further notice. It is your responsibility to regularly check this page to determine if there have been changes to these Terms of Service and to review such changes.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING BUT NOT LIMITED TO LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

These Terms of Service apply to members and non-members alike. In order to use the Service, you must accept these Terms of Service. You may do so by (a) registering for membership with the Service and/or Company or (b) by actually using the Service.

You confirm that you are of legal age to form a binding contract with the Company, or an emancipated minor, or have parental or legal guardian consent and are fully able and competent to enter into, and comply with, these Terms of Service. In any case, you confirm that you are over the age of 13, and acknowledge that the Service is not intended for children under 13 years of age. You may not use the Service and may not accept the Terms of Service if you by law are barred from using the Service or accepting the Terms of Service.

Membership.

In order to use certain portions of this Service, you will need to first register for membership in the Service. You are prohibited from registering for membership in the Service where prohibited by law. In addition, the Service is intended solely for users who are thirteen (13) years of age or older. Any registration by anyone under 13 is unauthorized, unlicensed and in violation of this Terms of Service. By registering for the Service, you represent and warrant that you are 13 or older and that you agree to and will abide by all of the terms and conditions of this Terms of Service.

If you choose to register for membership, in consideration of your use of the Site, you agree to maintain the security of your password and identification and to be fully responsible for all use of your account and for any actions that take place using your account.

Wikiful's Intellectual Property.

The entire content (images, graphics, audio, video, text, and the like) of this Site is copyrighted and may not be reproduced, published, broadcast, posted, modified, transmitted, displayed, distributed, downloaded, or otherwise used except as provided herein without the express written permission of the Company.

All Company trademarks, trade names, service marks, service names, product names, and intellectual property, whether or not delineated, are the intellectual property of the Company or its affiliates. The use (except as permitted herein) or misuse of the trademarks or any other intellectual property of the Company is expressly prohibited and may be in violation of copyright, trademark, slander or libel laws, privacy law, and publicity and communications regulations and statutes.

The word WIKIFUL is a registered trademark of the Company in the U.S. The Company's trademark 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 and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Your Right To Use The Site.

You may download or copy the content displayed on this Site for your personal use only. No right, title or interest in any downloaded material or software is transferred to you as a result of such downloading or copying.

By accessing this Site, you agree not to use the Site in any way that is prohibited by these Terms of Service, including using the Site in a way that is illegal or that could give rise to civil liability and using the Site to violate the security of this Site or otherwise cause injury to Wikiful or any other party. Wikiful reserves the right to take such action as it deems appropriate in cases where this Site is used to disseminate such materials.

This Site may include links to other web sites that are not under the control of the Company. Please be aware that when you follow a link to another site, Wikiful’s Terms of Service and Privacy Policy do not apply, and Wikiful does not control what other sites do with user information. These other web sites have their own policies regarding privacy and you should review them.

Prohibited Uses/Access.

You may use the Site only for lawful purposes and in accordance with these Terms of Service. You agree to notify the Company immediately in case of any unauthorized use of your account. You agree not to use the Site:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms.
• To transmit, or procure the sending of, any advertising or promotional material (without our prior written consent), including any "junk mail," "chain letter,” or “spam," or any other similar solicitation.
• To impersonate or attempt to impersonate Wikiful, a Wikiful employee, another user or any other person or entity associated with any of the foregoing.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm, harass, threaten, abuse, or intimidate users of the Site or expose them to liability.
• To use the Services in a manner that is not consistent with these Terms of Service or not in compliance with applicable laws and regulations.
• To disclose to any third party any of your password(s) associated with your use of the Service.

Additionally, you agree not to:

• Post or transmit any content that is obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party, or content that contains homophobia, misogyny, ethnic slurs, religious intolerance, or encourages criminal conduct.
• Post any illegal or unauthorized content or use for any illegal or unauthorized purposes.
• Post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any Wikiful user.
• Post advertisements or solicitations of business.
• Upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
• Forge headers, or manipulate source identifiers or otherwise attempt to disguise the origin of any content made available via the Service.
• Access, collect or store personal data about other users in connection with the prohibited conduct and activities described in this “Prohibited Uses/Access” section.
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

Content Standards.

These content standards apply to any and all content you provide. All content provided by you must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, content you provide must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Submitting Content to the Site and Copyrights.

You are solely responsible for the content, including but not limited to text, photos, information, or other content that you upload, publish or display (hereinafter, "submit") on or through the Service, or transmit to or share with other users. You may not submit content to the Service that you did not create or that you do not have permission to submit.

The Site is not and shall not function as an archive. We have no liability to you or any other person for loss, damage, or destruction to your content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any content you post or store on the Service or provide to us.

When you post content on the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the content on the Site. To the extent you own the copyrights to the content you post on the Site, you retain ownership of the copyrights to such content.

Company Original Content.

Articles and content that appear on Wikiful.com (the “Original Content Site”) that are created by the Company or one its contributors are the exclusive property of the Company and its licensors (“Company Original Content”). Except as explicitly provided herein, nothing in this Terms of Service shall be deemed to create a license to the Company Original Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Company Original Content. Subject to the terms and conditions of this Terms of Service, the Company provides you with a license to use the Company Original Content for your personal, noncommercial use only. The Company may terminate this license at any time for any reason or no reason. Use of Company Original Content for any purpose not expressly permitted by this Terms of Service is strictly prohibited.

Notice and Take Down Procedures.

If you believe any content accessible on or from the Site infringes your copyright or other intellectual property right ("Allegedly Infringing Materials"), you may request removal of the Allegedly Infringing Materials (or access thereto) from this Site by contacting the Company and providing the following information:

• Identification of the protected material that you believe to be infringed. Please describe the material, and where possible, include a copy or the location (e.g., URL) of an authorized version of the material.
• Identification of the content that you believe to be infringing and its location. Please describe the content and provide us with its URL or any other pertinent information that will allow us to locate the content.
• Your name, address, telephone number, and (if available) email address.
• A statement that you have a good faith belief that the Allegedly Infringing Material is not authorized by the owner, its agent, or the law.
• A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the owner of the protected material or an authorized representative.
• A signature or the electronic equivalent from the owner of the protected material or an authorized representative.

Information on Allegedly Infringing Materials issues relating to this Site should be sent to support@wikiful.com.

In an effort to protect the rights of intellectual property owners, the Company maintains a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers.

Information Accuracy.

The Company will use reasonable efforts to include accurate and current information on this Site, but there may be occasions when information on the Site contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, and other matters. The Company makes no warranties or representations regarding the accuracy of such information and will not be bound thereby. The Company reserves the right to correct any errors and to update the Site information at any time.

International Use.

The Company controls and operates this Site from the United States. The Company does not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of this Site. It is possible that some software that may be downloaded from this Site is subject to government export control or other restrictions. By visiting and using this Site, you acknowledge these restrictions and agree that either you are not subject to them or you will comply with all applicable laws regarding the transmission of technical data exported from the United States.

Indemnity.

You agree to defend, indemnify, and hold the Company, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, in any way arising from, relating to, or in connection with your use of this Site, your violation of these Terms of Service, and/or your posting or transmission of any material on or through this Site, including but not limited to any third party claim that any information or materials you provide infringes any third party proprietary right.

Disclaimers and Limitation of Liability.

THIS SITE AND ITS CONTENTS ARE PROVIDED "AS IS." THE COMPANY DISCLAIMS, TO THE FULLEST EXTENT OF THE LAW, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE. NEITHER THE COMPANY NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE OR ANY ASPECT THEREOF SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH YOUR ACCESS, USE, OR INABILITY TO USE THIS SITE, LOSS OF CONTENT OR DATA ON THE SITE, OR ERRORS OR OMISSIONS IN THE CONTENT THEREOF, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ACCESS TO AND USE OF THIS SITE AND THE CONTENT THEREOF IS AT YOUR SOLE RISK. NOTWITHSTANDING ANY OF THE FOREGOING, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION SHALL NOT EXCEED ANY FEES PAID TO THE COMPANY BY YOU.

Miscellaneous.

These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the State of Tennessee, without giving effect to any conflict of law provisions. Any dispute arising under these Terms of Service shall be resolved exclusively by an appropriate federal or state court sitting in the State of Tennessee. The waiver of any provision of these Terms of Service shall not be considered a waiver of any other provision or of the Company’s right to require strict observance of each of the terms herein. If any provision of these Terms of Service is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. These Terms of Service constitute the entire agreement between the Company and you relating to your use of this Site.

Termination.

The Company may terminate these Terms of Service, deny you access to the Site, and/or terminate your subscription at any time, immediately and without notice, if in the Company’s sole discretion you fail to comply with any term or condition of these Terms of Service.

Your Comments and Concerns:

If you have any comments or questions about this Site or these Terms of Service, please contact us at support@wikiful.com.