Community Central:Terms of use

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Date of Last Revision: January 1, 2009

Welcome to Wikia (the “Service” or “Site”), operated by Wikia, Inc. (the "Company"). By accessing or using our web site, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), without regard as to whether you are a registered member of Wikia. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement 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 Use and to review such changes.

PLEASE READ THESE TERMS OF USE 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 Use apply to members and non-members alike. In order to use the Service, you must accept these Terms of Use. You may do so by (a) registering for membership with the Service and/or Company or (b) by actually using the Service. You may not use the Service and may not accept the Terms Use if (a) you are not of legal age to form a binding contract with the Company, or (b) you by law are barred from using the Service or accepting the Terms of Use.

Membership
While you may use this Service without registering for membership, membership in the Service is void where prohibited by law, and 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 these Terms of Use. By registering the Service or the Site, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of this Agreement.

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.

The Company may terminate your account, delete your profile and any content or information that you have posted on the Service and/or prohibit you from using or accessing the Service for any reason, or no reason, at any time in its sole discretion, with or without notice.

Wikia's Intellectual Property
The words WIKIA and WIKICITIES are registered trademarks of the Company in the U.S. and/or in other countries. The Company's trademarks 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.

User Conduct
You agree not to use the Service to:


 * Harass members of the Service;
 * Use the Service in any unlawful manner or in any other manner which could damage, impair, or overburden the site;
 * Post, upload, transmit, share, or store content which is unlawful, defamatory, infringing, obscene, or invasive of another's right to privacy or publicity;
 * Impersonate another entity or person;
 * Post, upload, transmit, share, or store unsolicited or unauthorized advertising, solicitations, "spam", or any other type of unauthorized solicitation;
 * Solicit personal information from any user under the age of 18;
 * Access or attempt to access any information on the Service through an interface other than the Service or otherwise approved by the Company;
 * Solicit passwords or other information for unlawful purposes.

You further agree to:


 * Only use the services in a manner consistent with these Terms of Use and in compliance with applicable laws and regulations;
 * Maintain the confidentiality of any password(s) associated with your use of the Service;
 * Notify the company immediately in case of any unauthorized use of your account;
 * Not intentionally block, remove, or otherwise obstruct the proper functioning and view of advertisements by other users, including but not limited to changing or adding javascript or CSS changes to the Service that would prevent the proper display or function of advertisements.
 * Use data provided by the Service only as allowed by the Service's Privacy Policy.

Submitting Content to the Site and Copyrights
You are solely responsible for the content, including but not limited to photos, profiles information, messages, search results edits, and 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 not have permission to submit. For submissions to search results pages, you may not submit content that is not compatible with the license used by the particular project of the Service. You understand and agree that the others may, but are not obligated to, edit, delete or remove (without notice) any content from the Service, for any reason or no reason. 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 the Company.

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.

Claims of Copyright Infringement
For claims of copyright infringement, please contact our designated agent under the Digital Millennium Copyright Act:


 * Michael Davis
 * Wikia, Inc.
 * 200 2nd Ave. South #306
 * St. Petersburg, FL 33701-4313

You may email the designated agent via copyright@wikia.com. Please include "Claim of copyright infringement" in the subject of your email.

Disclaimers and Limitation on Liability
While we provide rules for user conduct and submissions, the Company does not control and is not responsible and is not liable in any manner for any content submitted to the service.

The Company is not responsible for the content or conduct, whether online or offline, of any user of the Service. Further, you understand and acknowledge that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

The Service is provided "as-is" and "AS AVAILABLE". The Company disclaims any and all representations and warranties, whether express or implied. The Company does not and cannot guarantee any specific results from use of the Service. YOU ACKNOWLEDGE THAT YOU USE THIS SERVICE AT YOUR OWN RISK.

You agree to indemnify the Company, its directors, employees, owners, agents, and users from any liability from using this Service or its content or other materials thereon. In no event will the Company, its directors, employees, owners, agents, or users be liable to you or any third party for any indirect, incidental, consequential, special or punitive damages, including lost profit, goodwill, or other loss, be it tangible or intangible, arising from your use of this service or any content or other materials thereon, even if the Company has been advised or was otherwise aware of the possibility of such damage. Notwithstanding anything to the contrary contained herein, the Company's liability to you for any cause whatsoever, and regardless of the form of the action, will be at all times limited to the amount actually paid by you, if any, to use the service, not to exceed one-thousand United States dollars. You further acknowledge that if no fees are paid to the Company to use this Service, you are limited to injunctive relief only, and are not entitled to damages from the Company regardless of your cause of action.

IN ADDITION, THE COMPANY DOES NOT REPRESENT OR WARRANT TO YOU THAT (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, BE THEY EXPRESS OR IMPLIED; (B) THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USER OF THE SERVICES WILL BE FREE OF ERROR, ACCURATE OR RELIABLE; (C) THAT ERRORS IN FUNCTIONALITY OR OPERATION OF THE SERVICES WILL BE CORRECTED.

Governing Law, Venue, and Jurisdiction
By using the Service, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. You agree not to commence or prosecute any action in connection with your use of these Services other than in the state and federal courts of California, and you hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California.

Other Terms and Conditions
These Terms of Use constitute the whole agreement between you and Company regarding the use of the Service, and completely replace any prior agreements between you and Company relating to your use of the Service.

To the extent that a translation of these Terms of Use differ from the English language version, the English language version controls.

If the Company does not exercise or enforce any right, remedy, or provision of these Terms of Use, this shall not constitute a waiver of such right or provision in that or any other instance.

If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue to be valid and enforceable in full force and effect.

If any provision of these Terms of Use shall be deemed unlawful by any magistrate of competent jurisdiction, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

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