Date of Last Revision: September, 2013
In order to use certain portions of this Service, you will need to first register for membership in the Service. You are prohibited from registering for membership in the Service where prohibited by law. In addition, the Service is intended solely for users who are thirteen (13) years of age or older. Any registration by anyone under 13 is unauthorized, unlicensed and in violation of this Agreement. By registering for the Service Site, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of this Agreement.
If you choose to register for membership, in consideration of your use of the Site, you agree to maintain the security of your password and identification and to be fully responsible for all use of your account and for any actions that take place using your account.
The Company may terminate your account, delete your profile and any content or information that you have posted on the Service and/or prohibit you from using or accessing the Service for any reason, or no reason, at any time in its sole discretion, with or without notice.
Wikia's Intellectual Property
The words WIKIA and WIKICITIES are registered trademarks of the Company in the U.S. and/or in other countries. The Company's trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
You agree that you will not use the Service in any manner that is contrary to the Wikia Community Guidelines, which may be updated from time to time. Without limiting the foregoing, you also agree not to use the Service to:
- Abuse, harass, threaten or intimidate other Wikia users;
- Post or transmit any content that is obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party, or content that contains homophobia, ethnic slurs, religious intolerance, or encourages criminal conduct;
- Attempt to impersonate another user or person;
- Post any illegal or unauthorized content or use for any illegal or unauthorized purposes;
- Post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any Wikia user;
- Post, upload, transmit, share, or store unsolicited or unauthorized advertising, solicitations, "spam", or any other type of unauthorized solicitation;
- Solicit personal information from any user under the age of 18;
- Violate any laws in your jurisdiction (including but not limited to copyright laws and laws regarding online conduct and acceptable content); or
- Post advertisements or solicitations of business.
You further agree:
- To maintain the confidentiality of any password(s) associated with your use of the Service;
- To notify the company immediately in case of any unauthorized use of your account;
- Not to upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, limit the functionality of, or enable unauthorized access to any computer software or hardware or telecommunications equipment;
- Not to upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- With the exception of accessing RSS feeds and our API in accordance with the Service’s policies applicable to such access, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission;
- Not to forge headers, or manipulate source identifiers or otherwise attempt to disguise the origin of any content made available via the Service;
- You will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site, including robot exclusion headers; or
- Not to access, collect or store personal data about other users in connection with the prohibited conduct and activities described in this “User Conduct” section.
Submitting Content to the Site and Copyrights
You agree that you will not use the Service in any manner that is contrary to the Community Creation Policy, currently found at http://www.wikia.com/Community_Creation_Policy, which may be updated from time to time.
You are solely responsible for the content, including but not limited to photos, profiles information, messages, search results edits, and other content that you upload, publish or display (hereinafter, "submit") on or through the Service, or transmit to or share with other users. You may not submit content to the Service that you did not create or that you do not have permission to submit. For submissions to search results pages, you may not submit content that is not compatible with the license used by the particular project of the Service. You understand and agree that others may, but are not obligated to, edit, delete or remove (without notice) any content from the Service, for any reason or no reason. You also represent and warrant that you own or have the necessary licenses, rights, releases, consents, and permissions to (a) permit the Company to copy, store, publish, display, and distribute your content via the Service, and (b) license all text submissions by you pursuant to the applicable Licensing terms (for further information, see http://www.wikia.com/Licensing).
The Site is not and shall not function as an archive. We have no liability to you or any other person for loss, damage, or destruction to your content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any content you post or store on the Service or provide to us.
When you post content on the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the content on the Site.
The Service includes access to audio and/or visual content (including videos, photographs, music, graphics, logos, etc.), which has been licensed for use and exhibition herein from third parties (“Media Content”). Such Media Content may be accessible via a player embedded on the Site, which links to and plays content hosted on other sites or services (“Media Player”).
Without limiting the application of any other terms of this Agreement, you also agree that you will not do, or attempt to do, any of the following:
- attempt to download, redistribute, alter, delete, or insert advertising or promotional materials within any Media Content or in connection with any Media Player;
- use any Media Content or Media Player for any purpose other than non-commercial, personal consumption and viewing such Media Content;
- attempt to circumvent, disable or otherwise interfere with security-related features of the Service or any Media Player, including any features that prevent or restrict use or copying of any Media Content;
- attempt to modify, enhance, edit, translate, adapt, alter, reverse engineer, decompile, disassemble, or create derivative works based upon any Media Player or Media Content;
- attempt to license, transfer, convey or assign to any third party any rights to use or exhibit any Media Player or Media Content , including to market, promote, display, re-distribute or re-transmit any Media Player or Media Content;
- reformat, optimize or customize any Media Player or Media Content for display, distribution or transmission via any platforms, protocols or delivery mechanisms other than as expressly permitted by and within the Services;
Claims of Copyright Infringement
For claims of copyright infringement, please contact our designated agent under the Digital Millennium Copyright Act:
Attn: Copyright Agent
500 Third Street
San Francisco, CA 94107
You may email the designated agent via firstname.lastname@example.org. Please include "Claim of copyright infringement" in the subject of your email. For clarity, only DMCA notices should go to the Copyright Agent.
Disclaimers and Limitation on Liability
While we provide policies and guidelines for user conduct and submissions, the Company does not control and is not responsible and is not liable in any manner for any content submitted to the service.
The Company is not responsible for the content or conduct, whether online or offline, of any user of the Service or any Media Content or other site or services that may be referenced, or linked to, in the Service. Further, you understand and acknowledge that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
The Service is provided "as-is" and "AS AVAILABLE". The Company disclaims any and all representations and warranties, whether express or implied. The Company does not and cannot guarantee any specific results from use of the Service. YOU ACKNOWLEDGE THAT YOU USE THIS SERVICE AT YOUR OWN RISK.
You agree to indemnify the Company, its directors, employees, owners, agents, and users from any liability resulting from your use of this Service or its content or other materials thereon. In no event will the Company, its directors, employees, owners, agents, or users be liable to you or any third party for any indirect, incidental, consequential, special or punitive damages, including lost profit, goodwill, or other loss, be it tangible or intangible, arising from your use of this service or any content or other materials thereon, even if the Company has been advised or was otherwise aware of the possibility of such damage. Notwithstanding anything to the contrary contained herein, the Company's liability to you for any cause whatsoever, and regardless of the form of the action, will be at all times limited to the amount actually paid by you, if any, to use the service, not to exceed one-thousand United States dollars. You further acknowledge that if no fees are paid to the Company to use this Service, you are limited to injunctive relief only, and are not entitled to damages from the Company regardless of your cause of action.
IN ADDITION, THE COMPANY DOES NOT REPRESENT OR WARRANT TO YOU THAT (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, BE THEY EXPRESS OR IMPLIED; (B) THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USER OF THE SERVICES WILL BE FREE OF ERROR, ACCURATE OR RELIABLE; (C) THAT ERRORS IN FUNCTIONALITY OR OPERATION OF THE SERVICES WILL BE CORRECTED.
Governing Law, Venue, and Jurisdiction
Other Terms and Conditions
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue to be valid and enforceable in full force and effect.