Terms of Use - Wikinut

Everybody who uses Wikinut must agree to abide by our Terms Of Use, outlined in detail here.

Introduction

Wikinut is a new kind of community that allows users to add and moderate content.

If you want to join our community and contribute to Wikinut, please read these Terms Of Use carefully to explain how Wikinut works. We describe how copyright and other key issues are handled and list all parties’ responsibilities.

We’d love you to become as passionate as we are about Wikinut, so please have a read and get involved.

These Terms Of Use shall be governed by and construed in accordance with English Law, and you agree to submit to the exclusive jurisdiction of the English Courts. These Terms and Conditions represent the entire agreement between Us and you with respect to this subject matter.

Types of user and acceptance

To ensure you understand the meaning of these Terms Of Use, we’ll first outline the different types of user and roles involved:

The Website – these Terms Of Use contain legally binding terms and conditions for using wikinut.com, referred to throughout as the Website.
We/Us/Our – refers to Sam Wormleighton & associates, operators of the Website.
Authors – these are the lifeblood of Wikinut as they are the people that write new content and update their previous contributions. They build the site.
Moderators – they are the conscience of Wikinut as they edit the content and ensure that it complies with our guidelines. They prune the site.
Referrers – These are social animals that tell all their friends about Wikinut. They grow the site.
Readers – are the point of Wikinut. They come to the Website, read the content, and hopefully see adverts that interest them. They pay for the site.

These Terms Of Use tell you the terms on which you may make use of the Website. By using the Website, you accept that you have read, understood, and agree to be bound by both these Terms Of Use and our privacy policy. These Terms Of Use apply in their entirety to Authors, Moderators, Referrers, and Readers; every visitor to the Website will be deemed an Author, Moderator, Referrer, or Reader, or a combination depending on their activity. Please read these Terms Of Use carefully before you start to use the site. You may only use the Website if you agree to abide by these terms and conditions and all applicable laws.

If you do not agree to accept these Terms Of Use, you should cease to use the Website immediately.

Eligibility

By accessing and/or using the Website, you represent and warrant that:

You are eighteen (18) years of age or older.
You are legally capable of entering into binding contracts.
You are not breaking any applicable laws by using the Website.
You agree to abide by these Terms Of Use.

If you wish to become an Author, Moderator, or Referrer, you will need to register a Wikinut account. You should keep any login details confidential, and you must not disclose them to any third party. You will be solely responsible for any activities undertaken on the Website under your username. By registering on the Website, you confirm that:

You will enter any information honestly and accurately.
You will endeavor to update your registered details to reflect any changes in your information.

Proprietary rights and grant of a license

We do not claim ownership of your Material. Any Material will be owned by you or the third party who authorized you to publish and use the Material.

You may only submit Material to the Website in which you own all intellectual property rights or have the third party’s authorization who does own those rights. Minors may not submit Material to the Website.

By posting, uploading, or submitting Material to the Website, you grant Us a worldwide, non-exclusive, royalty-free, permanent, irrevocable, perpetual right and license to:

Use, reproduce, publicly display, publicly perform, distribute, modify, store, transmit, broadcast, adapt, and publish the material Material, in whole or in part solely to display, distribute, and promoting your material on or in connection with the Website.
Modify, reformat, adapt, translate, and create derivative works from the Material, in whole or in part.
Sublicense the foregoing rights, in whole or in part, to any third party, for commercial and business purposes (with or without a fee, at our discretion). We may exercise these rights in any manner and by any media and means of conveying information, whether now or hereafter known and for any purpose, including but not limited to, editorial, commercial or promotional purposes.

We have the right to modify or edit the Material. While your retain ownership of all right, title, and interest in the Material itself, you agree that We own all right, title, and interest in any compilation, collective work, or other derivative work created by Us using or incorporating the Material.

You further irrevocably and unconditionally waive any moral rights you have in any Material, and you waive all rights to inspect and approve the use of the Material.

We may archive and store your Material (including, for a commercially reasonable time, Material you have removed from the Website). We may disclose such content if required to do so by law or if We believe in good faith that such preservation or disclosure is reasonably necessary to:

Comply with the legal process.
Enforce these Terms Of Use.
Respond to claims that any Material violates the rights of third parties.
Protect the rights, property, or personal safety of Us, our Readers, Authors, Moderators, Referrers, and the public.

The content we do not publish

Wikinut is a home for a wide variety of topics, styles, and content. However, We will not publish content that, in Our sole opinion, could be described as:

Pornographic, vulgar, obscene, or otherwise objectionable.
Defamatory, libelous, hateful, tortious, or invasive of privacy.
Containing personally identifiable information about any child under the age of 13.
Discriminatory or intolerant against any individual, group, or organization based on race, religion, gender, nationality, disability, sexuality, or age.
Promoting or providing instructional information about illegal activities.
Promoting any act of cruelty or violence.
Deliberately deceitful, fraudulent, or false.
Being designed to solicit personal, banking, or security information.
For example, infringing intellectual property rights has copyright owned by any party other than you that has not given you permission to use and publish.
Designed to generate any commercial activities, including but not limited to third party affiliate schemes or sales, without or prior written agreement from Us.
Misleading any reader to believe we may have written it.
Unlawful.
Being an activity listed in the Activities, we do not tolerate section below, or which can, in our sole opinion, be perceived as promoting, condoning, or supporting any of the activities listed in that section.

The above list is provided for example purposes only and is not exhaustive.

Any Material provided by Website users may contravene these Terms Of Use, and We assume no responsibility or liability for any Material posted in contravention of these Terms Of Use.

Activities we do not tolerate

There are certain activities that We prohibit on the Website or deem to be illegal:

Any attempts to manipulate any statistics
Any attempt to obscure or replace any adverts on pages on the Website by manipulating content on your pages or any other author’s pages.
Any overt promotion of any unauthorized business or commercial enterprise, to Readers or any other Authors or Moderators without prior written permission from Us.
Automated scripting on any scale and of any type without prior written authorization from us.
Deliberate impersonation of a Wikinut staff member, or any other Author, Moderator, Referrer, or Reader.
Whether successful or not, attempts to access the account of any other Author, Moderator, Referrer.
Selling or otherwise transferring your Author, Moderator, Referrer account to any third party.
Any criminal or unlawful activity of any kind.
Any use of the Website for fraudulent or illegal activities, or any purpose that breaches any applicable laws and regulations.
Deliberate transmission of any viruses, worms, Trojan horses, keystroke loggers, spyware, adware, or any other harmful computer code designed to interfere or impact any computer software, firmware, or hardware.
Attempts to access software, firmware, hardware, or any other equipment used to serve and store the Website.

Privacy

Our Privacy policy governs the use and storage of any personal information provided to us in connection with your use of the Website. You agree to be bound by the terms of our Privacy policy.

By submitting Material and clicking on the Agree & Publish button, you agree that:

We may use information that you provide to Us when you submit Material in accordance with Our Privacy Policy.
We may transfer and disclose this information, including personally identifiable information, to third parties in any jurisdiction for any of the purposes set out in the “Proprietary rights and grant of license” section above and monitor the website.

Account handling

We do not charge Authors, Moderators, or Referrers any fees for registering an account on the Website. Nor do We charge any fees for regular users of the Website.

Our liability

Due to the open nature of the Website, We assume no responsibility for monitoring for inappropriate or unlawful Material, including but not limited to defamatory statements. Any Material does not reflect our opinions, views, or policies. You agree to waive your right to object to derogatory treatment of your Material. We expressly exclude our liability for any loss or damage arising from the interaction of other users in relation to the services provided on the Website.

Any material published on the Website is not intended to amount to advice on which reliance should be placed. Therefore, we disclaim all liability and responsibility arising from any reliance placed on such Material by any Reader, Author, Moderator, or Referrer of the Website.

While we will make all commercially reasonable efforts to ensure that any inappropriate material that is brought to our attention is removed from the Website, we expressly exclude liability for the Material or any damage you may suffer as a result of the Material published on the Website, which is provided without any guarantees, conditions or warranties as to its accuracy or lawfulness. To the extent permitted by law, We, any Group Company, and third parties connected to us hereby expressly exclude:

All conditions, warranties, and other terms that might otherwise be implied by statute, common law, or equity law.
Any liability for any direct, indirect, or consequential loss or damage incurred by any user in connection with the Website or connection with the use, inability to use, or consequence of the use of the Website, any websites linked to it, and any content posted on it, including, without limitation any liability for:
– Loss of income or revenue, anticipated savings, profits, contracts, or business
– Loss of goodwill
– Wasted management or office time
– Any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable

This does not affect our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability that cannot be excluded or limited under applicable law.

Copyright infringement and defamation policy

Our procedure for reporting copyright infringement is explained here. Any notification of defamatory Material can be sent directly through Our Contact us page.

If We receive notice of any Material that requires removal from the site, We will use all commercially reasonable efforts to determine and correct the problem promptly.

Termination and restriction

In Our absolute discretion, including but not limited to Our belief that you have contravened these Terms Of Use, We reserve the right to take any or all of the following actions:

Suspend, restrict, or permanently deny you access to the Website.
Withdraw your registration as either an Author, Moderator, or Referrer.
Remove your Author or Moderator profile.
Remove any pages, comments, images, or other content that you have Authored or Moderated.
Issue a written warning to you.
Initiate legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Pursue further legal action against you.
Fully disclose any information deemed relevant to the necessary authorities.

You agree that We shall not be liable to you or to any third party for any suspension, restriction, or denial of access or any consequences that may arise due to such suspension, restriction, or denial of access.

We exclude liability for any actions taken in response to breaches of these Terms Of Use.

The actions described in these Terms Of Use are not definitive, and we may take any other action we reasonably deem appropriate. This agreement will remain in full force and effect for the entire duration of your use and access of the Website. Our rights and all disclaimers, indemnities, warranties, and exclusions under these terms and conditions, in particular, the sections headed “Warranties and representations” and “Indemnity” shall continue with full force and effect upon the occurrence of any of the events listed above.

Website access

We will endeavor, within all reasonable limits, to make the Website available at all times. Notwithstanding this, We may need to temporarily withdraw access to the Website or parts of the Website without notice, for maintenance or updates of the Website, or any other reason. We reserve the right to modify or discontinue, temporarily or permanently, the services provided by Us or any portion thereof at any time, without liability to you or any third party.

We will not be liable to you for any delay or other failure to comply with our obligation (if any) where the delay or failure arises from any event or cause beyond our reasonable control.

Warranties and representations

You represent and warrant that you have the right, power, and authority necessary to enter into these Terms Of Use, perform your obligations hereunder, and grant the above licenses. You represent and warrant that you will fully comply with your obligations under these Terms Of Use.

You are solely responsible for any Material, including words, images, comments, or any other content you post, upload, or submit to the Website. You represent and warrant that you have all rights necessary for the reproduction, distribution, transmission, public performance, public display, and other exploitation of the Material as permitted under these Terms of use. You represent and warrant that your Material:

Does not include any content that contravenes the guidelines described in these Terms Of Use.
Does not infringe the intellectual property rights, privacy rights, or any other rights of any party.
Does not breach any legal obligations, such as a contractual duty or a duty of confidence owed to a third party.
Does not breach any other legislation or is otherwise unlawful.

Indemnity

You agree to indemnify Us and any group company, and hold Us, any group company or affiliates. Each of their directors, employees, agents, and subcontractors, harmless from and against any liability, damage, claim, loss, demand, or expenses (including any associated costs) arising out of or in connection with any breach of these Terms Of Use and in particular any breach of any representation or warranty set out in our Terms of Use. You agree not to hold Us or any of our affiliates responsible for any liability resulting from the use of the Material, or any part of the Material, in accordance with these Terms Of Use, including (without limitation) anything which might be deemed to be a misrepresentation of you, your character or person due to the use of the Material, or any part of the Material.

Changes to these terms

If We need to update these Terms Of Use from time to time, We will highlight the changes through the Website messaging system for Authors and Moderators, and announce them on the homepage for all users, including Readers. We also suggest you check these Terms Of Use from time to time as they are legally binding on you.

Amended Terms Of Use will become effective as soon as they are posted on the Website, and if you do not accept the amendments, you should cease to use the Website immediately. Continued use of the Website after any amendment will constitute acceptance of the updated Terms Of Use.

Contact

If you need to contact Us for any reason relating to these Terms Of Use, please see Our Contact us page.

Further definitions

Material means any text, photographs, pictures, images, or any other content, including without limitation, graphics, video, data, text, files, hyperlinks, URLs, software, music, sound, or other content that is uploaded, posted, sent or submitted to the Website.
Operator means Sam Wormleighton and/or Associates, a sole trader in the UK.
Terms Of Use refers to these terms and conditions (together with the documents referred to on it, including our Privacy policy).