This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: March 27, 2014.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") derives from the Wipoli, and is our terms of service that governs our relationship with users and others who interact with Wipoli. By using or accessing Wipoli, you agree to the statements below.
These Terms of Service ("Terms") govern your access to and use of the services, websites, and applications offered by Wipoli (the "Service"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.
Use of Wipoli
You may use the Service only if you can form a binding contract with Wipoli, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You must provide us accurate information, including your real name, when you create your account on Wipoli.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use "strong" passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. Wipoli will not be liable for any loss or damage arising from your failure to comply with these requirements.
User Content
Under these Terms "Content" means any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service. You retain ownership of all Content you submit, post, display, or otherwise make available on the Service.
Your License to Wipoli
By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Wipoli to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Wipoli or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
Wipoli’s Licenses to You
Subject to these Terms, Wipoli gives you a worldwide, royalty-free, non-assignable and non-exclusive license to re-post any of the Content on Wipoli anywhere on the rest of the web provided that the user who created the content has not explicitly marked the content as not for reproduction, and provided that you: (a) do not modify the Content; (b) attribute Wipoli with a human and machine-followable link (an A tag) linking back to the page displaying the original source of the content on Wipoli.com (c) upon request, either by Wipoli or a user, remove the user's name from Content which the user has subsequently made anonymous; (d) upon request, either by Wipoli or by a user who contributed to the Content, make a reasonable effort to update a particular piece of Content to the latest version on Wipoli.com; and (e) upon request, either by Wipoli or by a user who contributed to the Content, make a reasonable attempt to delete Content that has been deleted on Wipoli.com. If you operate a search engine or robot, or you republish a significant fraction of all Wipoli Content (as we may determine in our reasonable discretion), you must additionally follow these rules:
You must use a descriptive user agent header.
You must follow robots.txt at all times.
You must make it clear how to contact you, either in your user agent string, or on your website if you have one.
Subject to these Terms, Wipoli gives you a personal, worldwide, royalty-free, revocable, non-assignable and non-exclusive license to use the Service as it is provided to you by Wipoli.
Your Content will be viewable by other users of the Service and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service. Any use of or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Wipoli be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service or broadcast elsewhere.
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties partners. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability. Wipoli will not be responsible or liable for any use of your Content by Wipoli in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Wipoli, its users and the public.
Safety and Rules
We do our best to keep Wipoli safe, but we cannot guarantee it. We need your help to keep Wipoli safe, which includes the following commitments by you:
You will not post unauthorized commercial communications (such as spam) on Wipoli.
You will not collect users' content or information, or otherwise access Wipoli, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Wipoli.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
You will not use Wipoli to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working or appearance of Wipoli, such as a denial of service attack or interference with page rendering or other Wipoli functionality.
You will not facilitate or encourage any violations of this Statement or our policies.
Proprietary Rights
All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Wipoli and its licensors. The Service is protected by copyright and other laws of both the United States and foreign countries. Except as expressly provided herein, nothing in the Terms gives you a right to use the Wipoli name or any of the Wipoli trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by Wipoli on the Service are subject to change. In consideration for Wipoli granting you access to and use of the Service, you agree that Wipoli and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
Copyright Policy
Wipoli respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding content appearing on the Service can be reached at:
copyright@wipoli.com
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, Wipoli will also terminate a user's account if the user is determined to be a repeat infringer.
Privacy
Your privacy is very important to us. We encourage you to read the Privacy Policy to learn more about how we collect and use information about you via the Service. By using the Service you consent to the transfer of your information to the United States and/or other countries for storage, processing and use by Wipoli.
Links
The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Wipoli of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Third Party Beneficiaries - Medical and Legal Contributions
All Wipoli users who provide answers to legal or medical questions are intended third-party beneficiaries ("Legal & Medical Contributors") of this section of the Terms of Use. The answers on this site are provided by Legal & Medical Contributors for informational purposes only. Wipoli and Legal & Medical Contributors TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
In no event shall Wipoli or Legal & Medical Contributors be liable for any damages (including, without limitation, incidental and consequential damages, personal injury / wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Wipoli or its Legal & Medical Contributors is advised of the possibility of such damages. Neither Wipoli nor the Legal & Medical Contributors are liable for any personal injury, including death, caused by your use or misuse of the Site or Content.
See Wipoli’s policy regarding questions and answers to medicine-related questions and Wipoli’s policy regarding questions and answers to law-related questions.
As always, we do not monitor or control the Content posted via the Service; the answers and messages created by Legal & Medical Contributors are their sole creation and responsibility. We do not endorse or guarantee the completeness, truthfulness, accuracy, or reliability of any answers or messages posted by Legal & Medical Contributors, nor do we endorse any opinions they express.
Answers to Medical Questions
Content posted by Medical Contributors is not intended to be medical advice or instructions for medical diagnosis or treatment, and no physician-patient relationship is, or is intended to be, created by Content provided by Medical Contributors.
If you think you may have a medical emergency, call your doctor or your level emergency number, (911 in the United States) immediately.
Content is not a substitute for professional medical advice, examination, diagnosis or treatment.
You should not delay or forego seeking treatment for a medical condition or disregard professional medical advice based on Content.
You should always seek the advice of your physician or other qualified healthcare professional before starting or changing treatment.
Content should not be used to diagnose, treat, cure, or prevent disease without supervision of a doctor or qualified healthcare provider.
Content does not recommend or endorse any tests, physicians, products, procedures, opinions or other information.
Content is not regulated by the Food and Drug Administration or any state or national medical board.
Information posted to Wipoli publicly or sent in an unsolicited message to a Medical Contributor is not confidential and does not establish a physician-patient relationship without the express consent of the Medical Contributor.
Answers to Legal Questions
Content posted by Legal Contributors in response to legal questions is not intended to be legal advice or form an attorney-client relationship. If you believe you have a legal claim, contact an attorney licensed in your state (or country) immediately to discuss your options. Most state bar associations have services to aid you in finding an attorney.
Content is provided for informational purposes only, with no assurance that the Content is true, correct, or accurate. No action should be taken, delayed, or deferred based on the Content.
Content is not a substitute for professional legal advice or a solicitation to offer legal advice regarding specific facts. Should you ignore this warning and send specific or confidential information in a private message or post it as a comment, there is no duty to keep that information confidential or to discontinue or forego any representation adverse to your interests.
You should not delay or forego seeking legal advice or disregard professional legal advice based on Content. Delay in seeking such legal advice could result in waiver of any claims you may have, depending on the applicable statute(s) of limitation.
Content is not regulated by any state or national bar association.
Information posted to Wipoli publicly or sent in an unsolicited message to a Legal Contributor is not confidential and does not establish an attorney-client relationship without the express consent of the Legal Contributor.
Language Regarding Legal and Medical Contributors
In order to develop Web industry standards for online contributions by legal and medical professionals, Wipoli encourages other companies and organizations to adopt all or part of our policies, disclaimers, and terms of use language as part of their own products and terms of service. Wipoli therefore expressly permits other companies to copy and edit the provisions contained in this section of its terms of service for their own use. Additionally, Wipoli welcomes comments and suggestions on these terms as part of the ongoing debate regarding how professionals can comply with their professional responsibilities while being active, informative participants in online discussions.
Information Provided by the Service
You should not take any curve, statistics or other results provided by the Service as an accurate representation of reality. Wipoli does not guaranty any prediction posted on the Service. Any use of or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service.
Disclaimers
Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, WIPOLI AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. Wipoli will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that Wipoli has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Wipoli or through the Service, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WIPOLI AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WIPOLI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
If anyone brings a claim against us related to your actions or Content on the Service, or actions or Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Wipoli and are not responsible for the content or information users transmit or share on Wipoli. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Wipoli. We are not responsible for the conduct, whether online or offline, or any user of Wipoli.
Definitions
By "Wipoli" we mean the features and services we make available, including through (a) our website at www.Wipoli.com and any other Wipoli branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); and (b) our Platform.
By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Wipoli.
By "content" we mean anything you or other users post on Wipoli that would not be included in the definition of information.
By "service" we mean Wipoli.
By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Wipoli.
By "post" we mean post on Wipoli or otherwise make available by using Wipoli.
By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By "active registered user" we mean a user who has logged into Wipoli at least once in the previous 90 days.
Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Wipoli outside the United States:
You consent to having your personal data transferred to and processed in the United States.
You will not use Facebook if you are prohibited from receiving products, services, or software originating from the United States.
