These WIRE Terms and Conditions of Use (these “Terms and Conditions“) set forth the terms and conditions for the use of any and all products and services (collectively, the “Services”) provided by WIRE, Inc (“WIRE“) to users of the Services (the “User“ or “Users“, depending upon the context).
The following words and terms shall have the meanings set forth below when they are used in these Terms and Conditions.
1.1.“Contents” means information such as text, sounds, music, images, videos, software, programs, computer code, and other information.
1.2.“Subject Contents” means Contents that may be accessed through the Services.
1.3.“Submitted Contents” means Contents that Users have submitted, transmitted or uploaded on or to the Services.
1.4.“Separate Terms and Conditions” means terms and conditions separate from these Terms and Conditions that pertain to the Services released or uploaded by WIRE under names such as “terms,” “guidelines,” “policies,” or the like.
2.Agreement to these Terms and Conditions
2.1.All Users shall use the Services in accordance with these Terms and Conditions. Users may not use the Services unless they agree to these Terms and Conditions.
2.2.Users who are minors may only use the Services by obtaining prior consent from their parents or legal guardians. Furthermore, if Users will be using the Services on behalf of, or for the purposes of, a business enterprise, then such business enterprise must also agree to these Terms and Conditions prior to using the Services.
2.3.If there are Separate Terms and Conditions applicable to the Services, Users shall also comply with such Separate Terms and Conditions as well as these Terms and Conditions in using the Services.
3.Modification to these Terms and Conditions
WIRE may modify these Terms and Conditions when WIRE deems it to be necessary, within the scope of the purposes of the Services. In such case, WIRE will indicate the contents of the modified version of these Terms and Conditions, as well as the effective date of the modification, on the Services or on WIRE’s website, or will publicize the same to Users by notifying Users in the manner prescribed by WIRE.
The modified version of these Terms and Conditions shall become effective as of the effective date thereof.
4.The WIRE’s Service
4.1.WIRE provides and maintains this web site as a service to its Users.
4.2.WIRE is not a publisher or producer of Content.
4.3.WIRE does not store videos on its servers.
4.4.Users may upload and post images and links that the User owns or has the right to use (the “User Content”) on the Service.
4.5.WIRE does not actively monitor, approve or delete the content appearing on the Service. WIRE generally does not pre-screen Users or User Content. However, WIRE reserves the right (but undertakes no duty) to do so and decides whether any item of User Content is appropriate and/or complies with this Agreement. WIRE may remove any item of User Content and/or terminate a User’s access to the Services for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by WIRE in its sole and absolute discretion), at any time and without prior notice. WIRE may also terminate a User’s access to this Service if WIRE has reason to believe the User is a repeat offender. If WIRE terminates User’s access to this Service, WIRE may, in its sole and absolute discretion, remove and destroy any data and files stored by User on its servers.
4.6.Each User is solely responsible for the User Content that he, she or it makes visible on the Service.
5.Access to the Service
5.1.User affirms that it is either eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Terms of Service, and to abide by and comply with these Terms of Service. In any case, User affirm’s that it is over the age of eighteen (18). The WIRE’s Service is not intended for persons under eighteen (18). If User is under eighteen (18) years of age, then User cannot use the Service.
5.2.All Users may access certain public areas of the Service. Each User understands that all the Service is providing User is access to the Service. User needs to provide User’s own access to the Internet, and any fees that User incurs to access the Service is User’s sole responsibility. The Service is not providing any hardware nor software to User and User thus needs to purchase or license the necessary hardware and software to access the Service. This Agreement covers all public and non-public areas of the Service.
6.1.When using the Services, Users may need to set up an account by registering certain information. Users must register true, accurate and complete information, and must revise the same to keep such information up-to-date at all times.
6.2.If Users register any authentication information when using the Services, they must exercise due care in handling such information at their own responsibility to ensure that such information is not used in an unlawful manner. WIRE may treat any and all activities conducted under the authentication information as activities that have been conducted by the User with whom the authentication information is registered.
6.3.WIRE reserves the right to delete any account that has been inactive for a period of one (1) year or more since its last activation, without any prior notice to the applicable User.
6.4.Each account in the Services is for exclusive use and belongs solely to the User of such account. Users may not transfer, lease or otherwise dispose their rights to use the Service to any third party, nor may the same be inherited or succeeded to by any third party.
7.User Submitted Content: General
7.1.Profiles must not contain any advertisements.
7.2.A User may not spam the Service or any other third party site or email with respect to the User Content or any other product either on or off of the Service.
7.3.WIRE is not a producer (primary or secondary) of any and all of the content found on the Service. With respect to the records as required by 18 U.S.C 2257 for any and all content found on this Service, such records shall be maintained by each User for which the sexually explicit User Content was produced and appears on the web site where the content actually is stored.
7.4.All Users must be eighteen (18) years of age to upload sexually explicit Content and said Content may not feature anyone under the age of eighteen (18) years of age.
7.5.Users will not copy or distribute in any medium any part of this Service or any User Content, except where expressly authorized by WIRE or the owner of the User Content.
8.User Submitted Content: Submissions
8.1.As a WIRE account holder User may submit User Content to the Service. User understands that WIRE does not guarantee any confidentiality with respect to any User Content that User submits.
8.2.User shall be solely responsible for User’s own Content and the consequences of submitting and publishing User’s User Content on the Service. User affirms, represents, and warrants that User owns or has the necessary licenses, rights, consents, and permissions to publish User Content that User submitted; and User licenses to WIRE royalty free, all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the Service pursuant to these Terms of Service.
8.3User retains all of User’s ownership rights in the User Content. However, by submitting User Content to WIRE, User hereby grants WIRE a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to WIRE to reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and WIRE’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. User also hereby grants each other user/member of the Service a non-exclusive license to access User’s User Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. User understands and agrees, however, that WIRE may retain, but not display, distribute, or perform, server copies of User’s User Content that have been removed or deleted. The above licenses granted by User in user comments on the Service are perpetual and irrevocable.
8.4.User further agrees that User Content that User submits to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless User has secured permission from the lawful owner of the material or User is otherwise legally entitled to post the material and to grant WIRE all of the license rights granted herein. (Example: the playing of copyrighted music in the background of a video you made, displaying logos or trademarks, etc. (Nike, Coke, etc), is prohibited unless clearance has been first obtained by the rights holder.) WIRE can demand at any time to view said written permission or license from User.
8.5.User further agrees that User will not submit to the Service any User Content or other material that is prohibited herein by these terms.
8.6.User is prohibited from uploading to or transmitting via the Service the following types of content or material that:
8.6.1.Is illegal, or promotes or encourages illegal activity.
8.6.2.Promotes, encourages or engages in child pornography or the exploitation of children;
8.6.3.Promotes, encourages or engages in terrorism, violence against people, animals, or property;
8.6.4.Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
8.6.5.Violates the Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
8.6.6.Infringes on the intellectual property rights of another User or any other person or entity;
8.6.7.Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity; or
8.6.8.Interferes with the operation of the Service;
8.6.8.Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware.
8.7.WIRE does not endorse any User Content submitted to the Service by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and WIRE expressly disclaims any and all liability in connection with User Content. WIRE does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and WIRE will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. WIRE reserves the right to remove all User Content without prior notice.
9.Intellectual Property Rights
9.1.The content on the WIRE’s Service, except all User Submissions (as defined above), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Service Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to WIRE, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Service Content on the Service is provided to User as is for User’s information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners or WIRE. WIRE reserves all rights not expressly granted in and to the Service and the Service Content. User agrees to not engage in the use, copying, or distribution of any of the Service Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Service for any commercial purposes. If Users downloads or prints a copy of the Service Content and/or User Content for personal use, User must retain all copyright and other proprietary notices contained therein.
9.2.User agrees not to circumvent, disable or otherwise interfere with security related features of the WIRE’s Service or features that prevent or restrict use or copying of any content or enforce limitations on use of the WIRE’s Service or the content therein.
10.Digital Millennium Copyright Act – DMCA Notice and Counter Notices
10.1.WIRE will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (DMCA). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
11.Limitations of Liability and Warranty
11.1.IN NO EVENT SHALL WIRE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND/OR USER CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER’S ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER’S USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS 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.
11.2.USER SPECIFICALLY ACKNOWLEDGE THAT WIRE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OBSCENE OR ILLEGAL CONDUCT OF USER OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH USER.
11.3.The Service is controlled and offered by WIRE from its facilities in TOKYO in Japan. WIRE makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11.4.USER AGREE THAT USER’S USE OF THE SERVICES SHALL BE AT USER’S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WIRE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND USER’S USE THEREOF. WIRE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT/USER CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER’S ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WIRE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WIRE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USER SHOULD USE USER’S BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12.1.To the extent permitted by applicable law, User agrees to defend, indemnify and hold harmless WIRE, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) User’s use of and access to the Service; (ii) User’s violation of any term of these Terms of Service or policy established by WIRE; (iii) User’s violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that User’s Content caused damage to a third party.
12.2.This defense and indemnification obligation will survive these Terms of Service and User’s use of the Service.
13.1.WIRE will terminate a User’s access to the Service if, under appropriate circumstances, the User repeatedly violates this Terms of Service or any other policy established by WIRE.
13.2.WIRE reserves the right to decide whether User Content violates these Terms of Service or any policy for reasons other than copyright infringement, such as, but not limited to, failure to comply with WIRE’s Adult Submission Policy, obscenity, or any other violation of policy or law.
13.3.WIRE may at any time, without prior notice and in its sole discretion, remove such User Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service or other policy.
13.4.The WIRE reserves the right to decide whether User Content is appropriate and complies with the Terms of Service in regards to violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, obscene or defamatory material, or excessive length. WIRE may remove such User Content and/or terminate a User’s access for uploading such material in violation of the Terms of Service at any time, without prior notice and at its sole discretion.
13.5.WIRE maintains a zero tolerance policy relating to any illegal content. Child pornography, simulated child pornography, bestiality, rape, torture, snuff, death and/or any other type of obscene and/or illegal material shall not be allowed by WIRE. WIRE shall not condone child pornography and will cooperate with all governmental agencies that seek those who produce child pornography both domestically and overseas. User agrees to report to the Service any images that appear to depict minors on the Service. If a User sees any images or other depictions that is questionable on the Service, the User agrees to immediately report these images by emailing the Service administrator at: info at WIRE. Your report will remain confidential from other Users of the Service.
14.1.Assignment: These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by User, but may be assigned by WIRE without restriction.
14.2.Compliance with local laws: WIRE makes no representation or warranty that the content available on the Service is appropriate in every country or jurisdiction, and access to the Service from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access the Service are responsible for compliance with all local laws, rules and regulations.
14.3.Governing Law & Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the Netherlands, whichever is applicable, without regard to conflict of laws principles. You agree that any action relating to or arising out of this Agreement shall be brought exclusively in the courts located in the Netherlands, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in courts of the Netherlands.
13.4.Titles & Headings: The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
13.5.Successors and Assigns: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
13.6.Communications on the Service: Unless otherwise designated by WIRE as private, all communications occurring on the Service are public and available to other Users. All messages transmitted to the Service shall be deemed to be readily accessible to the general public. Users should not use this Service to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into the Service can and may be read by the operators of this Service, regardless of whether they are the intended recipients of such messages.
13.7.Force Majeure: WIRE shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the Service’s performance.
13.8.Legal Fees & Costs: In the event any party shall commence any claims, actions, formal legal action to interpret and/or enforce any of the terms and conditions of this Terms of Service, or relating in any way to this Terms of Service, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorneys’ fees and costs incurred in connection therewith, including attorneys’ fees incurred on appeal.
13.9.Entire Agreement: These Terms of Service, and all documents and policies incorporated herein by reference, constitute the entire Agreement between the parties with respect to User’s access and use of the Service and the content contained therein, User’s membership on the Service, and said Agreement supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter.