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WisdomSpace Terms of UseWisdomSpace Terms of Use Welcome to
WisdomSpace! The following terms of use are designed to encourage an online
culture of safety, trust, and mutual respect. The terms are set out in detail
in the WisdomSpace Terms of Use below. This summary is to notify you that, by
using the WisdomSpace services, you are agreeing to the Terms of Use, which
include the following: You agree not to
send spam, junk mail, or any other unsolicited advertising of any kind. You agree not to use
the site for illegal purposes. You agree not to
send harassing, threatening, abusive, vulgar, obscene or otherwise
objectionable communication. Please remember that WisdomSpace is designed to
appeal to a broad audience, from grandkids to grandparents. You agree to
communicate online in the spirit of "LARS": Listen, Appreciate,
Respect, and Share. While we support the expression of passionately-held views
about community issues, we promote communication in the spirit of respectful
dialogue. You agree not to sue
other network members for disputes arising from network-related activities
without exhausting all reasonable efforts to resolve the dispute using
alternative dispute resolution methods such as negotiation and mediation. WISDOMSPACE TERMS
OF USE 1. Background WisdomSpace is a
wisdom community project sponsored by Wisdom Mountain, a nonprofit community
educational service that nurtures wisdom practices in local communities.
WisdomSpace networks are collaborative online community spaces that support
real-world communities. WisdomSpace networks are co-created by the
participation of network members. There are no formal governing bodies.
However, there are informal network councils comprised of network members who
wish to play a more active role in nurturing the growth of the network. 2. Acceptance of
Terms The WisdomSpace
Service ("the Service") is provided to you under the terms and
conditions of this WisdomSpace Terms of Use ("WST") and any operating
rules or policies that may be published by WisdomSpace. By using our services
in any way, you are agreeing to be bound by all the terms and conditions of the
WST. The WST may be
updated by us from time to time without notice to you. However WisdomSpace will
usually provide notice of materially significant changes to the WST by posting
a notice on the WisdomSpace site. You can review the most current version of
the WST at any time at www.wisdomspace.net. There may also be additional
guidelines or rules relating to particular WisdomSpace services, such as the
discussion forums, which may be posted from time to time. All such guidelines
or rules are hereby incorporated by reference into the WST. Should you object to
any term or condition of the WST, including any subsequent modifications, or
become dissatisfied with WisdomSpace in any way, your only recourse is to
immediately discontinue use of WisdomSpace. 3. Description of
Service WisdomSpace provides
a collection of online resources to support community networking and
development, including community message boards, discussion forums, community
information, and various email services. The Service may include certain
communications from WisdomSpace, such as network announcements and
administrative messages. These communications are considered part of
WisdomSpace membership, and you will not be able to opt out of receiving them.
The Service is provided "as-is" and WisdomSpace assumes no
responsibility for the timeliness, deletion, mis-delivery or failure to store
any user communications or personalization settings. 4. Children and
WisdomSpace To register in the
network, you must be of legal age to form a binding contract. Children under
the age of 13 are prohibited from using the service without supervision by a
legal guardian. Please remember that the Service is designed to appeal to a
broad audience. Accordingly, as the legal guardian, it is your responsibility
to determine whether any of the Services and/or Content are appropriate for
your child. 5. WisdomSpace
Privacy Policy Registration Data
and certain other information about you is subject to our Privacy Policy. We do
not sell or rent your personal information to third parties for their marketing
purposes without your explicit consent and we only use your information as
described in the Privacy Policy. We view protection of users' privacy as a very
important community principle. We understand clearly that you and your
information is one of our most important assets. For more information, see our
full privacy policy at www.wisdomspace.net - Privacy 6. WisdomSpace
does not provide legal, health or other professional advice The information and
content provided on the WisdomSpace site ("Content") is general in
nature and should not be relied on as legal, business, health, or other
professional advice. You agree that under no circumstances will WisdomSpace or
Wisdom Mountain be liable in any way for any Content or for any loss or damage
of any kind incurred as a result of the use of any Content posted, emailed or
otherwise made available via the Service. WisdomSpace does not
control, and is not responsible for much of the Content made available through
the Service. By using the Service, you may be exposed to Content that is
offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore,
the WisdomSpace site may contain links to other websites, which are completely
independent of WisdomSpace. WisdomSpace makes no representation or warranty as
to the accuracy, completeness or authenticity of the information contained in
any such site. Your linking to any other websites is at your own risk. Although WisdomSpace
might not pre-screen or approve Content, WisdomSpace has the right (but not the
obligation) to refuse, delete or move any Content that is available via the
Service, for violating the letter or spirit of the WST or for any other reason.
7. Building real
community - WisdomSpace Code of Conduct WisdomSpace is
intended to build real community between real people. Accordingly, we place a
strong emphasis on the quality of communications between members. To support this
goal, we ask you to agree to communicate online in the spirit of LARS: Listen,
Appreciate, Respect, and Share. While it is impossible to specify precisely
what this means in all circumstances, the following guidelines suggest what
this might look like:
You also agree
not to post, email, or otherwise make available Content: that is unlawful,
harmful, threatening, abusive, harassing, defamatory, pornographic, libelous,
invasive of another's privacy, or harms minors in any way; that harasses,
degrades, intimidates or is hateful toward an individual or group of
individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability; that impersonates
any person or entity or falsely states or otherwise misrepresents your
affiliation with a person or entity; that includes
personal or identifying information about another person without that person's
explicit consent. that is false,
deceptive, misleading, deceitful, or misinformative; that infringes any
patent, trademark, trade secret, copyright or other proprietary rights of any
party, or Content that you do not have a right to make available under any law
or under contractual or fiduciary relationships. that constitutes or
contains "affiliate marketing," "link referral code,"
"junk mail," "spam," "chain letters,"
"pyramid schemes," or unsolicited commercial advertisement. that advertises any
illegal services or the sale of any items the sale of which is prohibited or
restricted by applicable law, including without limitation items the sale of
which is prohibited or regulated by California law that 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; that disrupts the
normal flow of dialogue with an excessive number of messages (flooding attack) to
the Service, or that otherwise negatively affects other users' ability to use
the Service; or that employs
misleading email addresses, or forged headers or otherwise manipulated
identifiers in order to disguise the origin of Content transmitted through the
Service. Additionally, you
agree not to: contact anyone who
has asked not to be contacted; collect personal
data about other users for commercial or unlawful purposes. You agree that
WisdomSpace may access, preserve, and disclose your account information and
Content if required to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the WST; (c) respond to claims that any Content violates
the rights of third-parties; (d) respond to your requests for customer service;
or (e) protect the rights, property, or personal safety of WisdomSpace, its
users and the public. 8. Our remedies
if you breach the WST If WisdomSpace has
reasonable grounds to believe that you have acted inconsistently with the
letter or spirit of the WST, we may, without limiting other remedies, limit
your activity, warn our community of your actions, issue a warning, temporarily
suspend, indefinitely suspend or terminate your membership and refuse to
provide our services to you WisdomSpace and/or
Wisdom Mountain shall not be liable to you or any third-party for any
termination of your access to the Service. 9. Modification
or discontinuance of the Service WisdomSpace reserves
the right at any time to modify or discontinue the Service (or any part
thereof) with or without notice. WisdomSpace and/or Wisdom Mountain shall not
be liable to you or to any third party for any modification, suspension or
discontinuance of the Service. 10. Dispute
Resolution The divisive,
lengthy, and costly nature of litigation can easily destroy the fabric of trust
in our community. If a dispute arises between you and another network member
from or about a network-related activity, you agree to use all reasonable
efforts to resolve the dispute within the network before resorting to
litigation. Filing for litigation without first using alternative dispute
resolution methods (as set out below) is grounds for termination or suspension
of your network membership. "All reasonable
efforts to resolve the dispute within the network" means the following: a) Making a good
faith attempt to negotiate a solution with the other party to the dispute. If
no mutually-satisfying solution is reached, then b) Agreeing to attend
a mediation session facilitated by a professionally-trained mediator from the
local community. Each WisdomSpace
Network will determine the specific procedure and details of its own dispute
resolution policy. Through using this site you are agreeing to the dispute
resolution policy of your WisdomSpace Network. Although WisdomSpace
may provide support for the resolution of disputes between network members by
encouraging negotiation or by referring the parties to community mediation
services, WisdomSpace is under no obligation to become involved in the
resolution of such disputes. 11. Fees and
Services. Joining WisdomSpace
is free, as are all of its basic services. We may partner with other trusted
service providers to provide optional services for a fee. We may change the
fees for these services from time to time. Our changes to the policy are
effective after we provide you with at least fourteen (14) days' notice of the
changes by posting the changes on the Site. However, we may choose to temporarily
change the fees for our services for promotional events and these changes are
effective when we post the temporary promotional event on the Site. We may
change some or all of our services at any time. If we introduce a new service,
the fees for that service are effective at the launch of the service. You are
responsible for paying all fees associated with using our service and the Site
and all applicable taxes. 11. Copyright 11.1 Our
proprietary rights The Service is
protected to the maximum extent permitted by copyright laws and international
treaties. Content displayed on or through the Service is protected by copyright
as a collective work and/or compilation, pursuant to copyrights laws, and
international conventions. Any reproduction, modification, creation of
derivative works from or redistribution of the Sites or the collective work is
prohibited. Copying or reproducing the sites or any portion thereof to any
other server or location for further reproduction or redistribution is
prohibited. You further agree not to reproduce, duplicate or copy Content from
the Service, and agree to abide by any and all copyright notices displayed on
the Service. Without limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes, any
aspect of the Service. Although WisdomSpace
does not claim ownership of content that its users post, by posting Content to
any public area of the Service, you automatically grant, and you represent and
warrant that you have the right to grant, to WisdomSpace an irrevocable,
perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform,
display, and distribute that Content and to prepare derivative works of, or
incorporate into other works, that Content, and to grant and authorize
sublicenses (through multiple tiers) of the foregoing. 11.2 Your
proprietary rights If you believe that
your work has been copied in a way that constitutes copyright infringement, or
your intellectual property rights have been otherwise violated, please notify
us for notice of claims of copyright or other intellectual property
infringement at support@wisdomspace.net. Please provide us
with the following Notice: Identify the
copyrighted work or other intellectual property that you claim has been
infringed; Identify the
material on the Wisdomspace site that you claim is infringing, with enough
detail so that we may locate it on the website; A statement by you
that you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law; A statement by you
declaring under penalty of perjury that (a) the above information in your
Notice is accurate, and (b) that you are the owner of the copyright interest
involved or that you are authorized to act on behalf of that owner; Your address,
telephone number, and email address; and Your physical or
electronic signature. WisdomSpace will
remove the infringing posting(s), subject to the procedures outlined in the
Digital Millenium Copyright Act (DMCA). 12. No Warranty. WISDOMSPACE, WISDOM
MOUNTAIN AND THEIR RESPECTIVE AGENTS PROVIDE THE WEB SITE AND SERVICES "AS
IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.
WISDOMSPACE, WISDOM MOUNTAIN AND THEIR RESPECTIVE AGENTS SPECIFICALLY DISCLAIM
ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. 13. Liability
Limit. IN NO EVENT SHALL
WISDOMSPACE, WISDOM MOUNTAIN OR THEIR RESPECTIVE AGENTS BE LIABLE FOR LOST
PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR
IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING,
INCLUDING NEGLIGENCE). THE LIABILITY OF
WISDOMSPACE, WISDOM MOUNTAIN AND THEIR RESPECTIVE AGENTS TO YOU OR ANY THIRD
PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES
YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY,
AND (B) $100. 14. Indemnity. You agree to
indemnify and hold WisdomSpace, Wisdom Mountain and their respective agents
harmless from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of your breach of the WST or the
documents it incorporates by reference, or your violation of any law or the
rights of a third party. |