Welcome to wikimili.com, the website and online service of WikiMili. ("WikiMili," "we," "us" or "our"). This page explains the terms by which you may use our online and/or mobile services, web site, and software provided on or in connection with the WikiMili service (collectively the "Service"). By accessing or using the Service, you ("you" or "your"), signify that you have read, understand and agree to be bound by the terms of service and conditions set forth below (as amended from time to time, "Terms") and to the collection, use, and disclosure of your information as set forth in our Privacy Policy, as modified from time to time and which is incorporated by reference herein. These Terms apply to all visitors, users, and others who access the Service.
Accepting the Terms
We provide the Service for your use subject to the following Terms.
We reserve the right, in our sole discretion, to change or modify portions of these Terms at any time. Your continued use of the Service constitutes your acknowledgement of, acceptance of, and agreement to the revised Terms. You agree to periodically visit this page to review the current Terms so you are aware of any revision to which you are bound. We will indicate at the top of this page the date these terms were last revised. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Service.
Additional terms and conditions may apply to certain services provided by WikiMili, and you agree that you shall be subject to any additional terms applicable to such services that may be posted on the Website or otherwise made available to you from time to time. All such terms are hereby incorporated by reference into these Terms.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. THE SERVICE MAY CONTAIN CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE, AND YOU AGREE THAT WIKIMILI SHALL NOT BE LIABLE FOR ANY DAMAGES YOU ALLEGE IN INCUR AS A RESULT OF ANY EXPOSURE TO SUCH CONTENT. YOU USE THE SERVICE AT YOUR OWN RISK.
Modified Terms
WikiMili has the right to modify or discontinue any feature or aspect of the Site at any time. WikiMili also has the right to change the Terms governing any Member's use of this Site at any time. The change in the Terms will be effective immediately upon posting the changes to this Terms page or elsewhere on the Site. We suggest to you, therefore, that you re-read these Terms and Privacy Policy from time to time in order to stay informed as to any such changes. Any use of the Site by Member after such notice shall be deemed to constitute acceptance by Member of such modifications.You agree that WikiMili shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Eligibility
This Service is intended solely for users who are 13 years of age or older. Any registration by, use of or access to the Service by anyone under 13 is unauthorized and in violation of these Terms. By using the Service, you represent and warrant that you are 13 years of age or older.
Member Conduct
All activity on this Site must comply with these Terms. All Members agree to restrict any and all activity in connection with the use of this Site to lawful purposes only. Member shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without WikiMili’s express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Member that in WikiMili’s exclusive discretion restricts or inhibits any other Member from using or enjoying this Site is strictly prohibited.
Indemnification
You agree to indemnify, defend, and hold harmless WikiMili (and its respective employees, directors, officers, subcontractors and agents) against any and all claims, damages, or costs or expenses (including court costs and attorney's fees) that arise directly or indirectly from the following:
- (a) breach of these Terms by you or anyone using your computer or password
- (b) any claim, loss or damage experienced from your use or attempted use of the Site
- (c) your violation of any law or regulation
- (d) your infringement of any right of any third party
- (e) any other matter for which you are responsible hereunder or under law.
Termination
WikiMili may terminate this Agreement at any time. WikiMili shall have the right to immediately terminate any passwords or accounts of Member in the event of any conduct by Member which WikiMili, in its sole discretion, considers to be unacceptable, or in the event of any breach by Member of this Agreement. The provisions relating to Modified Terms, Member Conduct, Disclaimers and Limitations of Liability and Indemnification will survive termination of this Agreement.
User Restrictions
You may not do or attempt to do any of the following:
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Site without our prior written authorization
- Make use of the Site in a manner that imposes an unreasonably or disproportionately large load on our infrastructure
- Circumvent, disable, or otherwise interfere with security-related features of the Site
- Use the Site in violation of applicable law or regulation.
- Make any automated use of the Site in a manner that disrupts the Site or any services we provide
- Use the Site to violate the legal rights of others, including defaming, abuse, stalking or threatening users
Copyright
The policy of WikiMili is not to infringe or violate the intellectual property rights or other rights of any third party and, if properly informed, WikiMili will remove material appearing on the Site that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 (the "DMCA"), WikiMili will remove any content if properly notified of that such material infringes third party rights, and may do so at its sole discretion, without prior notice to users at any time.
If you believe that something appearing on the Site infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA's requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us by contacting support@wikimili.com.
Disclaimer and Limitation of Liability
ALL CONTENT ON THE SITE IS PROVIDED "AS-IS". WIKIMILI EXPRESSLY DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES OF ANY KIND RELATING TO THE SITE AND ANY CONTENT AVAILABLE ON THE SITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WIKIMILI DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE (AND ANY CONTENT AVAILABLE ON THE SITE); OR (II) THAT THE SITE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE.
User agrees to use this Site at User’s own risk. User expressly understands and agrees that Wikimili, its employees, officers, shareholders, contractors, agents, affiliated parties, or any person or entity involved in creating, producing, posting or distributing the Company content will under no circumstances be liable for damages, including, without limitation, direct, indirect, incidental, punitive, or consequential damages arising out of the use or inability to use the Site, however caused and under any theory of liability.
We are not responsible for any incorrect or inaccurate content posted on the Site. We take no responsibility for third party advertisements which are posted on this Site, nor do we accept any responsibility for the goods or services provided by our advertisers. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL WIKIMILI, ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, THE PRODUCTS OR SERVICES LISTED ON THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY OR ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, ADVERTISERS, VENDORS, OR PRODUCT OR SERVICE PROVIDERS HAVE BEEN 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.