PLEASE CAREFULLY READ THIS TERM OF USE AGREEMENT. THEY CONTAIN IMPORTANT AGREEMENTS REGARDING YOUR USE OF THE SITE AND YOUR LEGAL RIGHTS, OBLIGATIONS AND REMEDIES.
Wisdomology.com (the "Wisdomology Website" or "Site") is a social networking website that provides a place to meet and connect with wise souls on what truly matters in life. The Site and services provided to visitors and Members (collectively "Users") are owned and operated by Wisdomology, LLC ("Wisdomology"). In order to become a member and have access to all of the services we provide, you must register or subscribe. A requirement of both registration and subscription is that you accept and agree to abide by this Terms of Use Agreement ("Agreement"). This Agreement sets forth the legally binding terms for your use of the Wisdomology Website and the services we provide through the Site. Please read this Agreement carefully. If you do not agree with the terms, you should leave the Wisdomology Website immediately.
Registration, Subscription; Use of Site
Registration, Subscription and use of the Wisdomology Website are void where prohibited. The Site is intended solely for individuals over the age of thirteen (13). We reserve the right to delete your Profile and terminate your subscription without notice, if we have reason to believe that you are less than fourteen (14) years old. To register or subscribe and use the Wisdomology services, you agree that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Wisdomology Services does not violate any applicable law or regulation.
Term; Termination
This Agreement shall remain in full force and effect for so long as you use the Wisdomology Website and services or are a Member. You may terminate your membership for any reason and at any time by following the instructions on the Member Profile page.
Website Access; Security
A. Wisdomology hereby grants you permission to use the Site as set forth in this Terms of Use, provided that: (i) your use of the Site as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Site in any medium without Wisdomology's prior written authorization; (iii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
B. In order to register, you will select a password. Your password is confidential and you are solely responsible for maintaining its secrecy and for the use of your account. You agree not to share your password with others or allow them to access the Site using your password. You must notify Wisdomology.com immediately of any security breach or unauthorized use of your password and/or account. You may never use another's account without permission. Although Wisdomology will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Wisdomology or others due to such unauthorized use.
C. Wisdomology permits the operators of public search engines permission to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not to create archives of such materials. Wisdomology reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or copy any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Website with respect to their submitted content.
The Site may contain links to third party websites that are not owned or controlled by Wisdomology. Wisdomology has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Wisdomology will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve Wisdomology from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Wisdomology Website and to read the terms and conditions and privacy policy of each other website that you visit.
Wisdomology Proprietary Rights
The Wisdomology.com Website is owned by Wisdomology. It contains software, text, scripts, graphics, photos, sounds, music, interactive features and other content ("Wisdomology Content"). Wisdomology owns or licenses all rights, including copyright, trademark, service mark, trade secret and other intellectual property rights in all of the Wisdomology Content.
Wisdomology Content and its services provided through the Site are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Wisdomology or any third party owner. Wisdomology reserves all rights not expressly granted in and to the Wisdomology Website and Wisdomology Content.
Member Content
The Wisdomology services allow Members to submit or post videos, blogs, text, pictures, poems, and other content on the Site ("Member Content"). You retain ownership and all rights in any Member Content you choose to submit or post. By submitting or posting Member Content, you represent and warrant that: (i) you own or license or otherwise have consent or permission to use, and authorize Wisdomology to use, the Member Content and all rights, including copyright, trademark, service mark, trade secret and other intellectual property rights in and to any and all Member Content to enable inclusion and use of the Member Content in the manner contemplated by the Website and these Terms of Use. By submitting Member Content to the Wisdomology Website, you hereby grant to Wisdomology a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, sublicense, reproduce, perform, distribute, display, modify and perform the Member Content solely on and through the Wisdomology Website and its services. You also hereby grant each user of the Wisdomology Website a non-exclusive license to access your Member Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display modify and perform such Member Content as permitted through the Wisdomology Website and by these Terms of Use. You may remove or delete your Member Content at any time.
If you discover any Member Content that you find to violate these Terms of Use, or to be inappropriate or offensive, you may click the "report" link on each piece of Member Content. Wisdomology will then review the Member Content and take appropriate actions.
The information contained in or made available through Wisdomology.com (including but not limited to information contained on message boards, in text files, or in chats) by Members, including those who may be labeled as "Experts", is used solely at your own risk. Neither Wisdomology nor any of its affiliated companies nor any of its or their respective licensors or suppliers make representations or warranties concerning any treatment, action, exercise, therapy or application or ingestion of any preparation by any person following the information offered or provided within or through Wisdomology.com.
Copyright Policy/Infringement
You may print or download a copy of any Wisdomology or Member Content solely for your personal use. You must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with any security features of the Site or features that prevent or restrict use or copying of any Wisdomology Content or Member Content or enforce limitations on use of the Wisdomology Website. You agree not to submit Member Content that you know is copyrighted, protected by trade secret, privacy or publicity rights, unless you are own or have licensed the rights or have permission from their rightful owner to post the material.
IT IS THE POLICY OF WISDOMOLOGY TO TERMINATE, IN APPROPRIATE CIRCUMSTANCES, MEMBERS WHO ARE FOUND TO REPEATEDLY INFRINGE THE COPYRIGHT OF THIRD PARTIES.
If you want to notify us of any claimed copyright infringement occurring on the Wisdomology Site or through our services, you must provide us with written communication containing substantially the following (you may wish to consult with legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ii. 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.
iii. 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 us to locate the material - for instance, providing us with the URL.
iv. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
v. 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.
vi. A statement that the information in the notification is accurate, and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PLEASE SEND ANY NOTIFICATION DESCRIBED HEREIN TO OUR DESIGNATED AGENT AS FOLLOWS:
Wisdomology, LLC
Attn: Copyright Agent
20 Battery Park Ave. #406
Asheville, NC 28801
Phone: (828) 713-7392
Facsimile: (800) 861-0585
Email: contact@wisdomology.com
Liability for Misrepresentation
Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification shall be liable for damages.
User Conduct
By using this site, you agree NOT to:
i. mock, put down, demean, taunt, belittle, criticize, ridicule, discriminate, get personal, or be inflammatory, argumentative, disruptive or sarcastic.
ii. judge others harshly. This site is about kindness - there is enough judgment elsewhere in the world.
iii. try to convince others of your beliefs. No proselytizing.
iv. say anyone else is wrong. Instead, ask questions to examine, clarify, and understand their position. Or simply share your experience.
v. use the site as a forum for debate, or for arguing about absolute truth. Instead, respect, honor, and learn from our differences.
vi. use Member Content obtained through the Site for any commercial purposes.
vii. advertise or solicit business using the Wisdomology Website or services without the express permission of Wisdomology.
viii. impersonate any person or entity or falsely state or otherwise misrepresent their affiliation with a person or entity.
ix. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service.
x. stalk, intimidate or otherwise harass another.
Additionally, by using this site, you agree NOT to upload, post, transmit, share, email or otherwise transmit any content that:
i. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
ii. is harmful to minors in any way.
iii.
contains unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
iv. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
v. contains any private or personal data about other people.
vi.
encourages or constitutes criminal activity or a violation of any local, state, national or international law.
Posts submitted to Wisdomology are not considered confidential. These posts may be used by Wisdomology for any purpose without requiring permission from the contributor. We have the right to reprint any post or portion of a post, along with the username of the contributor, anywhere else on the site or in any other medium (such as in a Wisdomology book, in Wisdomology marketing materials, etc.).
Wisdomology has the right but not the obligation to remove any content if it does not meet these standards or for any other reasons at its sole discretion without notification. Wisdomology has the right to ban any person from further using the website, and remove all content they've posted, including their profile, for any reason without notification.
DISCLAIMER
YOU AGREE THAT YOUR USE OF THE WISDOMOLOGY WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WISDOMOLOGY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WISDOMOLOGY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES 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 AND USE OF OUR WEBSITE, (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 OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WISDOMOLOGY WEBSITE. WISDOMOLOGY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVICE OFFERED BY MEMBERS, OR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WISDOMOLOGY WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WISDOMOLOGY 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.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WISDOMOLOGY, 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 CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (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 OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) 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, SHARED OR OTHERWISE MADE AVAILABLE VIA THE WISDOMOLOGY WEBSITE, 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 THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WISDOMOLOGY SHALL NOT BE LIABLE FOR MEMBER CONTENT 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 Website is controlled and offered by Wisdomology from its facilities in the United States of America. Wisdomology makes no representations that the Wisdomology Website is appropriate or available for use in other locations. Those who access or use the Wisdomology Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnity
You agree to defend, indemnify and hold harmless Wisdomology, its officers, directors, 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 Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of the rights of any third party, including without limitation any copyright, property, or privacy right; or (iv) any claim that any content contributed by you caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.
Member Disputes. You are solely responsible for your interaction with other Users. Wisdomology has the right, but no obligation, to monitor disputes between Users.
Privacy. We care about the privacy of our Users. Click here to view our Privacy Policy
Assignment
You may not transfer or assign this Agreement or the Terms of Use or any right or license granted to you hereunder. Wisdomology may assign this Agreement without restriction.
General
These Terms of Use shall be governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. Any claim or dispute between you and Wisdomology that arises in whole or in part from the Wisdomology Website shall be decided exclusively by a court of competent jurisdiction located in Buncombe County, North Carolina. These Terms of Use, together with the Privacy Notice at http://www.Wisdomology.com/privacy and any other legal notices published by Wisdomology on the Website, shall constitute the entire agreement between you and Wisdomology concerning the Wisdomology Website. If any provision of these Terms of Use 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 of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Wisdomology's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Wisdomology reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Wisdomology Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND WISDOMOLOGY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WISDOMOLOGY WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
© 2007 Wisdomology, LLC