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| Version | User | Scope of changes |
|---|---|---|
| Jun 5 2007, 2:19 PM EDT (current) | Patty | 3 words added, 2 words deleted |
| Jun 5 2007, 12:14 PM EDT | wetpaint |
Changes
Key: Additions Deletions
Last Updated: November 29, 2006
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
Wetpaint reserves the right to remove Submissions from public view, delete, or purge the Submissions from the Site with or without cause, with or without notice if we determine in our sole discretion that the content of the Submission is harmful, offensive, illegal or inappropriate for the subject matter of the Site. Furthermore, Wetpaint may terminate this Agreement, or terminate or suspend your access to the Site and remove and discard any Submissions at any time in its sole discretion, with or without cause, and with or without notice. Unless required by applicable law, Wetpaint has no obligation to remove or discard any Submissions.
Although Wetpaint does not claim ownership of Submissions that its users post, by posting or submitting Submissions to the Site, you automatically grant, represent and warrant that you have the right to grant to Wetpaint (and its licensors, including AEP) an irrevocable, perpetual, non-exclusive, fully-paid, royalty-free, worldwide license to use, copy, perform, modify, adapt, publish, display, translate and distribute said Submissions and to prepare derivative works of, or incorporate into other works said Submissions and to grant and authorize sublicenses (through multiple tiers) of the foregoing, including as set forth in Paragraph 6 below. Furthermore, by posting Submissions to the Site, as part of the Collective Content, you automatically grant Wetpaint all rights necessary to prohibit any subsequent prohibited aggregation, display, copying, duplication, reproduction, or exploitation of the Collective Content by any party for any purpose.
Software. Any software, including any files, images generated by the software, code, and data accompanying the software owned by Wetpaint or its licensors (collectively, "Software"), used or accessible through the Site may be used by you solely for accessing and/or using the Site for purposes expressly stated on the Site and these terms, provided that such uses are not competitive with or derogatory to the Site. Wetpaint and/or its licensors retain full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
Patents. Wetpaint's products and processes may be covered by one or more patents and may be subject to other trade secrets and proprietary rights. Wetpaint reserves all such rights. No transfer or grant of rights under any patents is made or is to be implied by any provision of these Terms of Use. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of Wetpaint's products or processes.
Trademarks. All trademarks on the Site are either trademarks or registered trademarks of Wetpaint or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Wetpaint. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Wetpaint,its affiliates or licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Wetpaint. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.
AEP Content. Notwithstanding anything to the contrary expressed or implied in this Agreement, AEP shall own all rights in and to (including, without limitation, copyright, trademark and all other intellectual property rights) (a) the ExecutiveFood Travel& Wine name, logo and trademark (including, without limitation, all goodwill associated therewith) and (b) all text, photos and other content displayed on or through the Site that is designated as “locked” (collectively “AEP Content”).
Wetpaint licenses third-party use of the Collective Content and Submissions under a Creative Commons' Attribution-NonCommercial-ShareAlike 2.5 License (“the License”). The License allows the Collective Content and Submissions to be used, copied, modified, and redistributed freely by any organization or person for any non-commercial purpose, so long as the re-published content is a) available to others on the same terms, and b) attributes Wetpaint as the source. To satisfy the attribution requirement, you may: a) for internet re-publishing, provide both a direct hyperlink back to the article AND prominent text stating the material came from Wetpaint, or b) for offline distribution, provide the URL of the content AND prominent attribution to Wetpaint. For the avoidance of doubt, the AEP Content is not part of the Collective Content or Submissions and Wetpaint grants no license to any person or entity to use, copy, modify, or redistribute any AEP Content, other than the limited, non-exclusive right to view the AEP Content as displayed as part of the Site.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WETPAINT AND ITS AFFILIATES AND LICENSORS (INCLUDING AEP) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT AND/OR DATA DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT AND/OR DATA.
NEITHER WETPAINT NOR ITS LICENSORS (INCLUDING AEP) ASSUME ANYRESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF WETPAINT, ITS AFFILIATES, ITS LICENSORS (INCLUDING AEP), OR A USER’S OWN ERRORS AND/OR OMISSIONS EXCEPT AS SPECIFICALLY PROVIDED HEREIN.
WETPAINT AND ITS LICENSORS (INCLUDING AEP) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You acknowledge and agree that your violation of the terms and conditions of this Agreement through unauthorized use of or access to the Site will result in a minimum of five-thousand dollars ($5,000.00) in damages to Wetpaint based on our costs for implementing additional security measures resulting from, and our investigation into, any such violation.
To the extent that this Site contains AEP Content, AEP is a third party beneficiary with respect to such AEP Content. In addition, AEP and its affiliates may utilize information provided by you for marketing and promotional purposes, subject to your right to opt out of receiving promotional emails and communications as described in our Privacy Policy.
Choice of Law and Forum: By visiting the Site, you agree that the laws of the State of Washington and U.S. Law, without regard to principles of conflict of laws, will govern this Agreement.
Mandatory Arbitration — YOU AND WETPAINT AGREE TO ARBITRATE ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS AGREEMENT, EXCEPT THAT YOU OR WETPAINT MAY BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. YOU AND WETPAINT ACKNOWLEDGE THAT THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE AND THAT THE FEDERAL ARBITRATION ACT WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION. TO INITIATE ARBITRATION, YOU OR WETPAINT MUST FIRST SEND A WRITTEN NOTICE, VIA CERTIFIED MAIL, TO THE OTHER PARTY INDICATING AN INTENT TO ARBITRATE, WHICH WILL INCLUDE: (1) A DESCRIPTION OF THE FACTS; (2) A DESCRIPTION OF THE NATURE OF THE CLAIM; AND (3) THE RELIEF SOUGHT ("NOTICE TO ARBITRATE"). SEND NOTICE TO ARBITRATE TO: WETPAINT, ATTN: ARBITRATION, 83 South King Street Suite 850, Seattle, WA 98104. BOTH PARTIES AGREE TO MAKE REASONABLE ATTEMPTS TO RESOLVE ANY SUCH DISPUTE; HOWEVER, IF THE PARTIES CANNOT RESOLVE THE DISPUTE WITHIN FORTY-FIVE (45) DAYS OF RECEIPT OF NOTICE TO ARBITRATE, THEN AN ARBITRATION CLAIM MAY COMMENCE. ANY ARBITRATION INITIATED UNDER THIS AGREEMENT WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS ARBITRATION RULES (AND THE AAA SUPPLEMENTAL PROCEDURES FOR CONSUMER RELATED DISPUTES AS THEY MAY BE APPLICABLE), AS MODIFIED BY THIS AGREEMENT. INFORMATION CONCERNING THE AAA, ITS ARBITRATION RULES AND OTHER INFORMATION CONCERNING ARBITRATION PROCEDURES AND FEES CAN BE FOUND BY CALLING THE AAA AT 1-800-778-7879 OR VISITING ITS WEBSITE AT http://www.adr.org.
ANY ARBITRATION WILL BE CONDUCTED BY A SINGLE NEUTRAL ARBITRATOR. YOU AND WETPAINT WILL COOPERATE IN GOOD FAITH TO SELECT THE ARBITRATOR WITHIN THIRTY (30) CALENDAR DAYS OF THE COMMENCEMENT OF ANY ARBITRATION PROCEEDING. IF YOU AND WETPAINT CANNOT AGREE UPON A NEUTRAL ARBITRATOR WITHIN THE THIRTY-DAY PERIOD, THEN EITHER PARTY MAY REQUEST THAT THE AAA APPOINT, IN ITS SOLE DISCRETION, A NEUTRAL ARBITRATOR. YOU AND WETPAINT FURTHER AGREE THAT NO ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD ANY RELIEF OR REMEDY IN EXCESS OF OR CONTRARY TO WHAT IS PROVIDED IN THIS AGREEMENT, EXCEPT WHERE SUCH PROVISION IS NOT PERMITTED UNDER APPLICABLE LAW. THE ARBITRATOR'S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED INTO IN ANY COURT HAVING JURISDICTION. THE LAW THAT IS APPLIED TO THIS AGREEMENT ALSO WILL BE APPLIED IN ANY ARBITRATION PROCEEDING. ALL ADMINISTRATIVE COSTS AND FEES OF THE ARBITRATION WILL BE BORNE EQUALLY BY YOU AND WETPAINT. YOU AND WETPAINT WILL EACH BEAR THE EXPENSES OF ITS OWN COUNSEL, EXPERTS, WITNESSES AND THE PREPARATION AND PRESENTATION OF EVIDENCE IN CONNECTION WITH ANY ARBITRATION.
Waiver of Jury Trial and Class Actions — BY ENTERING INTO THIS AGREEMENT, YOU AND WETPAINT ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND WETPAINT BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS AND THAT IF ARBITRATION IS NOT CONDUCTED ON AN INDIVIDUAL BASIS, THIS SECTION WILL BE DEEMED NULL AND VOID. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND WETPAINT BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
Severability: If any of these terms shall be deemed invalid, void or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.
Termination: Wetpaint may terminate this Agreement, or terminate or suspend your access to the Site and remove and discard any Submissions at any time, with or without cause, with or without notice.
Attn: Customer Service
83 South King Street Suite 850
Seattle, WA 98104
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
1. INTRODUCTION
Welcome to a Wetpaint site (the “Site”) hosted on a network of web sites and created with technology developed by wetpaint.com, Inc. ("Wetpaint"). Wetpaint provides online collaborative web site services to you on our Site subject to the following Terms of Use (also referred to herein as the “Agreement”). By using our Site, you signify that you have read, understand and agree to be legally bound by these Terms of Use. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. The Site will provide notice of material changes to these Terms of Use by updating the "last updated" date set forth above. If you do not agree to abide by these or any future Terms of Use, your only recourse is to immediately cease use of the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. We encourage you to review the Terms of Use each time you visit the Site to see if it has been updated since your last visit.2. SUBMISSIONS
You understand and agree that all postings, comments, edits, feedback, suggestions, ideas, photographs, images, notes, drawings concepts and other information, content or materials posted on, transmitted through, or linked from the Site, either online or offline and whether or not solicited by the Site (collectively, "Submissions"), are the sole responsibility of the person from whom such Submissions originated. The Site is and shall be under no obligation (a) to maintain any Submissions in confidence; (b) to store or maintain the Submissions, electronically or otherwise, (c) to pay any compensation for any Submissions or any use thereof; or (d) to respond to any user in connection with or to use any Submissions. Neither Wetpaint nor any of its licensors (including American Express Publishing Corporation, referred to herein as “AEP”) shall be liable for any use, non-use or disclosure of any Submissions. You represent that, regarding any Submissions contributed by you that: (i) Submissions will not violate any right of any third party, including copyright, trademark, right of privacy, right of publicity or other intellectual property, personal or proprietary right(s); and (ii) you are the owner of and/or have the right to provide such Submissions to us in accordance with this Agreement. You further represent that no such Submissions will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Submissions you make.Wetpaint reserves the right to remove Submissions from public view, delete, or purge the Submissions from the Site with or without cause, with or without notice if we determine in our sole discretion that the content of the Submission is harmful, offensive, illegal or inappropriate for the subject matter of the Site. Furthermore, Wetpaint may terminate this Agreement, or terminate or suspend your access to the Site and remove and discard any Submissions at any time in its sole discretion, with or without cause, and with or without notice. Unless required by applicable law, Wetpaint has no obligation to remove or discard any Submissions.
3. NOTIFICATION OF CLAIMS OF COPYRIGHT INFRINGEMENT
Notice. If you believe that your copyrighted material may have been infringed, please submit written notification to our Designated Agent listed below and include the following:- A physical or electronic signature of the 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 location on the Site are covered by a single notification, a representative list of such works at that location of the 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 us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that a copy of each legal notice we may receive is sent to a third-party partner for publication and an annotation. As such, your letter (with your personal information removed) may be forwarded to ChillingEffects for publication. - Please send notice to Wetpaint's Designated Agent as follows:
By mail:
Copyright Agent at Wetpaint
83 South King Street Suite 850
Seattle, WA 98104
By email: Contact Us
4. User Conduct
You agree to not use the Site to:- Upload, post, email, transmit or otherwise make available any content that we deem to be unlawful, harmful, threatening, abusive, harassing, false, inaccurate, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or that violates any applicable law;
- Harm minors in any way;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
- Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- 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;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “link farms, ” “junk mail, ” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses, spyware, adware, or any other malicious or disabling computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the service, servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
- Intentionally or unintentionally violate any applicable local, state, national or international law, encourage or provide instructions for a criminal offense, or otherwise violate the rights of any party;
- “Stalk” or otherwise harass another; or
- Collect or store unauthorized personal data about other users.
- Alter, modify, copy or distribute any content or materials displayed on or through the Site that is designated as “locked” (including, without limitation, all AEP Content, as defined in Section 5 below).
5. PROPRIETARY RIGHTS
Copyrights. This Site is protected to the maximum extent permitted by copyright laws and international treaties. The collective Submissions and content displayed on or through the Site, and selective organization of the same, are protected by copyright as a collective work and/or compilation, pursuant to copyright laws and international conventions (the "Collective Content"). Except as and to the extent expressly permitted in Section 6 below, any reproduction, modification, creation of derivative works from or redistribution of the Collective Content, and/or copying or reproducing the Collective Content or any portion thereof is prohibited without the express written consent of Wetpaint. The Collective Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without either: a) complying with the terms of this Agreement, or b) Wetpaint's prior written permission in each instance.Although Wetpaint does not claim ownership of Submissions that its users post, by posting or submitting Submissions to the Site, you automatically grant, represent and warrant that you have the right to grant to Wetpaint (and its licensors, including AEP) an irrevocable, perpetual, non-exclusive, fully-paid, royalty-free, worldwide license to use, copy, perform, modify, adapt, publish, display, translate and distribute said Submissions and to prepare derivative works of, or incorporate into other works said Submissions and to grant and authorize sublicenses (through multiple tiers) of the foregoing, including as set forth in Paragraph 6 below. Furthermore, by posting Submissions to the Site, as part of the Collective Content, you automatically grant Wetpaint all rights necessary to prohibit any subsequent prohibited aggregation, display, copying, duplication, reproduction, or exploitation of the Collective Content by any party for any purpose.
Software. Any software, including any files, images generated by the software, code, and data accompanying the software owned by Wetpaint or its licensors (collectively, "Software"), used or accessible through the Site may be used by you solely for accessing and/or using the Site for purposes expressly stated on the Site and these terms, provided that such uses are not competitive with or derogatory to the Site. Wetpaint and/or its licensors retain full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
Patents. Wetpaint's products and processes may be covered by one or more patents and may be subject to other trade secrets and proprietary rights. Wetpaint reserves all such rights. No transfer or grant of rights under any patents is made or is to be implied by any provision of these Terms of Use. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of Wetpaint's products or processes.
Trademarks. All trademarks on the Site are either trademarks or registered trademarks of Wetpaint or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Wetpaint. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Wetpaint,its affiliates or licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Wetpaint. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.
AEP Content. Notwithstanding anything to the contrary expressed or implied in this Agreement, AEP shall own all rights in and to (including, without limitation, copyright, trademark and all other intellectual property rights) (a) the ExecutiveFood Travel& Wine name, logo and trademark (including, without limitation, all goodwill associated therewith) and (b) all text, photos and other content displayed on or through the Site that is designated as “locked” (collectively “AEP Content”).
6. SUBLICENSE UNDER CREATIVE COMMONS LICENSE
Wetpaint licenses third-party use of the Collective Content and Submissions under a Creative Commons' Attribution-NonCommercial-ShareAlike 2.5 License (“the License”). The License allows the Collective Content and Submissions to be used, copied, modified, and redistributed freely by any organization or person for any non-commercial purpose, so long as the re-published content is a) available to others on the same terms, and b) attributes Wetpaint as the source. To satisfy the attribution requirement, you may: a) for internet re-publishing, provide both a direct hyperlink back to the article AND prominent text stating the material came from Wetpaint, or b) for offline distribution, provide the URL of the content AND prominent attribution to Wetpaint. For the avoidance of doubt, the AEP Content is not part of the Collective Content or Submissions and Wetpaint grants no license to any person or entity to use, copy, modify, or redistribute any AEP Content, other than the limited, non-exclusive right to view the AEP Content as displayed as part of the Site.
7. DISCLAIMER OF RESPONSIBILITY FOR THIRD-PARTY CONTENT; RESERVATION OF RIGHTS.
Neither Wetpaint nor its licensors (including AEP) take any responsibility or assume any liability for any Submissions posted or uploaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or objectionable material you may encounter. Your use of the Site is at your own risk. As a provider of interactive services, neither Wetpaint nor its licensors (including AEP) is liable for any statements, representations or Submissionsprovided by its users. Although we have no obligation to screen, edit or monitor any Submissions posted by users, we reserve the right to, at our sole discretion, remove, take down, destroy or delete any Submissions at any time and for any reason, including without limitation, Submissions that we deem inappropriate, offensive or which we believe may subject us to any liability. We may access, use and disclose transaction information about your use of our Site, and any Submissions transmitted by you via or in connection with our Site, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill, and collect for our services; to protect our rights or property, or to protect users of our Site from fraudulent, abusive, or unlawful use of our Site. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU. Any use of the Site in violation of the foregoing is in violation of these terms and may result in, among other things, the termination or suspension of your rights to use the Site.8. DISCLAIMER OF Warranty
THE SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WETPAINT AND ITS AFFILIATES AND LICENSORS (INCLUDING AEP) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT AND/OR DATA DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT AND/OR DATA.
NEITHER WETPAINT NOR ITS LICENSORS (INCLUDING AEP) ASSUME ANYRESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF WETPAINT, ITS AFFILIATES, ITS LICENSORS (INCLUDING AEP), OR A USER’S OWN ERRORS AND/OR OMISSIONS EXCEPT AS SPECIFICALLY PROVIDED HEREIN.
WETPAINT AND ITS LICENSORS (INCLUDING AEP) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL WETPAINT OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR LICENSORS (INCLUDING AEP), OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WETPAINT OR ITS LICENSORS (INCLUDING AEP), HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
10. INDEMNIFICATION; DAMAGES FOR UNAUTHORIZED ACCESS
You are entirely responsible for maintaining the confidentiality of your member name, password and account, as well as activities that occur under your account. You hereby indemnify, defend, and hold Wetpaint, its affiliates and its licensors (including AEP) and their respective officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of: (a) any breach by you of these Terms of Use; or (b) any Submissions you provide, including without limitation, any claim by a third party that your Submissions infringe or violate such third party's rights or interests. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.You acknowledge and agree that your violation of the terms and conditions of this Agreement through unauthorized use of or access to the Site will result in a minimum of five-thousand dollars ($5,000.00) in damages to Wetpaint based on our costs for implementing additional security measures resulting from, and our investigation into, any such violation.
11. LINKS; THIRD PARTY CONTENT; THIRD PARTY USE OF INFORMATION; AEP AS A THIRD PARTY BENIFICIARY
Our Site may provide, or third parties may provide, links to other World Wide Web resources. Because neither Wetpaint nor its licensors (including AEP) have any control over such websites and resources, Wetpaint and its licensors (including AEP) explicitly disclaim any responsibility for the accuracy, content, or availability of information found on websites that link to or from the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party website that links to or from the Site or third-party content on our Site. Neither Wetpaint nor its licensors (including AEP) endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party websites or content. Neither Wetpaint nor its licensors (including AEP) make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such websites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.To the extent that this Site contains AEP Content, AEP is a third party beneficiary with respect to such AEP Content. In addition, AEP and its affiliates may utilize information provided by you for marketing and promotional purposes, subject to your right to opt out of receiving promotional emails and communications as described in our Privacy Policy.
12. PRIVACY
Wetpaint cares about the privacy of its users. By using the Site you agree to our Privacy Policy.13. GENERAL
Agreement: These Terms of Use constitute the entire Agreement between you and Wetpaint and governs your use of the Site, superseding any prior agreements between you and Wetpaint. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Wetpaint's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.Choice of Law and Forum: By visiting the Site, you agree that the laws of the State of Washington and U.S. Law, without regard to principles of conflict of laws, will govern this Agreement.
Dispute Resolution:
THIS SECTION PROVIDES FOR THE RESOLUTION OF MOST DISPUTES OR CLAIMS THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. YOU SHOULD READ THIS SECTION CAREFULLY; ARBITRATION IS FINAL, BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS SECTION GOVERNING DISPUTES WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.Mandatory Arbitration — YOU AND WETPAINT AGREE TO ARBITRATE ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS AGREEMENT, EXCEPT THAT YOU OR WETPAINT MAY BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. YOU AND WETPAINT ACKNOWLEDGE THAT THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE AND THAT THE FEDERAL ARBITRATION ACT WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION. TO INITIATE ARBITRATION, YOU OR WETPAINT MUST FIRST SEND A WRITTEN NOTICE, VIA CERTIFIED MAIL, TO THE OTHER PARTY INDICATING AN INTENT TO ARBITRATE, WHICH WILL INCLUDE: (1) A DESCRIPTION OF THE FACTS; (2) A DESCRIPTION OF THE NATURE OF THE CLAIM; AND (3) THE RELIEF SOUGHT ("NOTICE TO ARBITRATE"). SEND NOTICE TO ARBITRATE TO: WETPAINT, ATTN: ARBITRATION, 83 South King Street Suite 850, Seattle, WA 98104. BOTH PARTIES AGREE TO MAKE REASONABLE ATTEMPTS TO RESOLVE ANY SUCH DISPUTE; HOWEVER, IF THE PARTIES CANNOT RESOLVE THE DISPUTE WITHIN FORTY-FIVE (45) DAYS OF RECEIPT OF NOTICE TO ARBITRATE, THEN AN ARBITRATION CLAIM MAY COMMENCE. ANY ARBITRATION INITIATED UNDER THIS AGREEMENT WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS ARBITRATION RULES (AND THE AAA SUPPLEMENTAL PROCEDURES FOR CONSUMER RELATED DISPUTES AS THEY MAY BE APPLICABLE), AS MODIFIED BY THIS AGREEMENT. INFORMATION CONCERNING THE AAA, ITS ARBITRATION RULES AND OTHER INFORMATION CONCERNING ARBITRATION PROCEDURES AND FEES CAN BE FOUND BY CALLING THE AAA AT 1-800-778-7879 OR VISITING ITS WEBSITE AT http://www.adr.org.
ANY ARBITRATION WILL BE CONDUCTED BY A SINGLE NEUTRAL ARBITRATOR. YOU AND WETPAINT WILL COOPERATE IN GOOD FAITH TO SELECT THE ARBITRATOR WITHIN THIRTY (30) CALENDAR DAYS OF THE COMMENCEMENT OF ANY ARBITRATION PROCEEDING. IF YOU AND WETPAINT CANNOT AGREE UPON A NEUTRAL ARBITRATOR WITHIN THE THIRTY-DAY PERIOD, THEN EITHER PARTY MAY REQUEST THAT THE AAA APPOINT, IN ITS SOLE DISCRETION, A NEUTRAL ARBITRATOR. YOU AND WETPAINT FURTHER AGREE THAT NO ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD ANY RELIEF OR REMEDY IN EXCESS OF OR CONTRARY TO WHAT IS PROVIDED IN THIS AGREEMENT, EXCEPT WHERE SUCH PROVISION IS NOT PERMITTED UNDER APPLICABLE LAW. THE ARBITRATOR'S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED INTO IN ANY COURT HAVING JURISDICTION. THE LAW THAT IS APPLIED TO THIS AGREEMENT ALSO WILL BE APPLIED IN ANY ARBITRATION PROCEEDING. ALL ADMINISTRATIVE COSTS AND FEES OF THE ARBITRATION WILL BE BORNE EQUALLY BY YOU AND WETPAINT. YOU AND WETPAINT WILL EACH BEAR THE EXPENSES OF ITS OWN COUNSEL, EXPERTS, WITNESSES AND THE PREPARATION AND PRESENTATION OF EVIDENCE IN CONNECTION WITH ANY ARBITRATION.
Waiver of Jury Trial and Class Actions — BY ENTERING INTO THIS AGREEMENT, YOU AND WETPAINT ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND WETPAINT BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS AND THAT IF ARBITRATION IS NOT CONDUCTED ON AN INDIVIDUAL BASIS, THIS SECTION WILL BE DEEMED NULL AND VOID. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND WETPAINT BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
Severability: If any of these terms shall be deemed invalid, void or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.
Termination: Wetpaint may terminate this Agreement, or terminate or suspend your access to the Site and remove and discard any Submissions at any time, with or without cause, with or without notice.
14. CONTACT US
If you have any questions about this Agreement, the practices of this Site, or your dealings with this Site, please contact us or write to us at the following address: Wetpaint.com, Inc.Attn: Customer Service
83 South King Street Suite 850
Seattle, WA 98104
