check out history - Nicolaus, CA. | WikiXM

Terms of Service

Please select the Terms of Service (TOS) that are affected by or relevant to this article. Your selection will help us understand why you are flagging this article.

• 1. Article CREATION AGREEMENT
  • 1.1. In the website, you are allowed to create, submit and publish your content (e.g. articles, news, photographs, videos, recipes, information, etc.) ( articles ).
  • 1.2. Each and every time that you create and submit and publish an article, you will need to acknowledge and agree to this ToS and article creation agreement.
  • 1.3. You are prohibited from creating, posting or sending any article or any part of an article that:
  • 1.3.1. Is plagiarized, unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.
  • 1.3.2. May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, physical or mental illness to you, to any other person, or any animal.
  • 1.3.3. May create a risk of any other loss or damage to any person or property.
  • 1.3.4. May constitute a crime or tort, or
  • 1.3.5. May attack, criticize, or target individuals who are not public figures.
  • 1.4. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your article.
  • 1.5. Without limiting the foregoing, you agree that in conjunction with your article, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind.
  • 1.6. We will reject any article in which we believe, in our sole discretion, that any such prohibited activities have occurred. If notified by a reader of an article that allegedly violates any provision of this ToS, we reserve the right to determine, in our sole discretion, if such a violation has occurred, and to remove any such article from the website at any time and without notice.
• 2. YOUR ARTICLE
  • 2.1. Your article remains your intellectual property. Your articles are your user content as defined in section 8 of the Terms of Use.
  • 2.2. You are solely responsible for your articles and the consequences of posting or publishing such an article(s). We shall have no obligation to prescreen any such content. The website merely acts as a passive conduit for the online distribution and publication of your articles.
  • 2.3. No article represents our views or the views of any individual associated with us, and we do not control any article. In no event shall you represent or suggest, directly or indirectly, our endorsement of the article. We do not vouch for the accuracy or credibility of any article on the website, and we do not take any responsibility or assume any liability for any actions you may take as a result of posting an article on the website.
• 3. LICENSE
  • 3.1. By submitting or otherwise making available any article to the website, you automatically grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable (through multiple tiers), license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer or sell any such content, for any purpose, including commercial purposes and in connection with advertising for the sole benefit of the website (collectively, "use"), in any type of media or in any form now known or later developed, without any payment to you.
  • 3.2. In addition, you automatically waive and give up any claim that any use of such content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way the website uses such content.
  • 3.3. You also grant Us the right to use any material, information, ideas, concepts, know-how, or techniques contained in any communication you provide, submit, or otherwise make available to the website or to us for any purpose whatsoever, including, without limitation, commercial purposes.
  • 3.4. By submitting an article, you automatically warrant and represent to us that you are the owner of all intellectual property rights in and to your article or that you otherwise have all sufficient rights to grant the license above. By submitting the article, you further warrant and represent that your article infringes no third-party right of privacy, right of publicity, or any other third-party right or proprietary interest.
  • 3.5. Any such articles are deemed non-confidential and we shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any article.
• 4. REVIEW PROCESS
  • 4.1. However, we shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the website at any time without notice. Without limiting any of our rights in law and equity, we reserve the right to remove any article for any reason in our sole discretion, including any article that we believe may violate this ToS, the ToU, or any copyright or third-party rights.
  • 4.2. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate this ToS, we may take any action we may deem necessary to cure or prevent the violation, including without limitation, banning you from the website and/or the immediate removal of the article and related materials from the website at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
• 5. ADVERTISING RIGHTS
  • 5.1. We reserve the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your article. We and our licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights.
  • 5.2. Nothing in this ToS obligates or may be deemed to obligate us to sell, license or offer to sell or license any advertising, promotion or distribution rights.
• 6. REPRESENTATIONS AND WARRANTIES
  • 6.1. In connection with the article, you affirm, represent and warrant the following:
  • 6.1.1. You have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license in section 3.
  • 6.1.2. You have the necessary written consent of each and every identifiable natural person in your article to use such persons name or likeness in the manner contemplated by the website and this ToS, and each such person has released you from any liability that may arise in relation to such use.
  • 6.1.3. Your article and our use thereof as contemplated by this ToS will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity.
  • 6.1.4. You have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your article: the infliction of injury to any person or animal, the humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, the entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability.
  • 6.1.5. Your article does not contain: (a) material falsehoods or misrepresentations that could harm us or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.
• 7. DISCLAIMERS
  • 7.1. THE PUBLICATION OF YOUR ARTICLE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
  • 7.2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
• 8. LIMITATIONS OF LIABILITY
  • 8.1. We do not assume any responsibility or will be liable, for any damages caused by or arising from your publication of your article. IN NO EVENT WILL WE, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF YOUR ARTICLE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF YOUR ARTICLE, ANY WEBSITES LINKED TO YOUR ARTICLE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH ARTICLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR YOUR ARTICLE OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY IN YOUR ARTICLE, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
• 9. INDEMNITY
  • 9.1. You agree to defend, indemnify and hold us and any of our affiliated companies or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys fees, related to or in connection with (a) the use of your article or your placement or transmission of any message or information on your article by you; (b) your violation of any term of this ToS, including without limitation, your breach of any of the representations and warranties above; (c) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any claim or damages that arise as a result of any article that you provide to us; or (f) any other party s access and use of the website with your unique username, password or other appropriate security code.
• 10. SURVIVAL
  • 10.1. Sections 3 (license), 8 (LIMITATIONS OF LIABILITY), 9 (indemnity), shall survive any termination or expiration of this ToU.