The following sets forth the agreement (this “Agreement”) between you and The Wikilife Foundation (doing business as Wikilife) (with its affiliates, “Wi,” “we” or “us”) under which you may download and use the Wikilife mobile device software application, Web site, web widgets, feeds and applications for third-party Web sites and services, and any other mobile or web services or applications owned, controlled, or offered by Wikilife (collectively the “Software” or the “Wikilife Service”), including, without limitation, all or any part of any content, visual interfaces, images, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Wikilife Service and other materials that are provided by or in connection with the Wikilife Service (“Wikilife Materials”).
YOU ACKNOWLEDGE THAT, PRIOR TO DOWNLOADING AND/OR USING THE SOFTWARE, YOU HAVE READ AND UNDERSTOOD THE TERMS OF THIS AGREEMENT, WITHOUT MODIFICATION. BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SOFTWARE.
You can review the most current version of this Agreement by visiting wikilife.org.
The most current version will supersede all previous versions. By continuing to use the Wikilife Service after changes are made, you agree to be bound by such changes.
You must be at least 18 years old to download and/or use the Wikilife Service, or, if you are not at least 18, you must be at least 13 years old and may download and/or use the Wikilife Service only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, you may not download or use the Wikilife Service.
The content of the Wikilife Materials is provided by Wikilife and its licensors for informational purposes only. Nothing contained in the Wikilife Materials is intended to be medical advice or instructional for medical diagnosis or treatment. The health information furnished by the Wikilife Service is not intended to be complete, to suggest or recommend a course of treatment, or to replace personal consultation with a qualified health care professional.
Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health or medical condition. Never disregard, avoid or delay obtaining professional medical advice from your doctor or other qualified health provider because of something you have read on the Wikilife Service.
If you are in the United States and think you may have a medical emergency, call your doctor or 911 immediately.
While Wikilife may receive financial support from many entities, including, without limitation, other health foundations, state organizations, hospitals, pharmaceutical companies, Wikilife does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that is mentioned by the Wikilife Service. Reliance on any information provided by Wikilife, Wikilife employees, others appearing on the Wikilife Service at the invitation of Wikilife, or other visitors to Wikilife Service is solely at your own risk. The Wikilife Service may contain health or medical related materials that are sexually explicit. If you find these materials offensive, you may not want to use the Wikilife Service.
Provided that you otherwise fully comply with the terms and conditions of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable and non-sublicensable license to use the Software for one Wikilife Service subscription account (a “Subscription Account” is comprised of the shared resources accessible by a single login ID).
Except as expressly authorized herein, you agree to the following restrictions:
In connection with your use of the Wikilife Service, you may be subject to charges imposed by your broadband, wireless or other applicable carrier. Payment of such charges is solely your responsibility.
By downloading and/or using the Wikilife Service, you consent to receiving electronic communications and notices from Wikilife. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any applicable legal communication requirements, including that such communications be in writing.
The Wikilife Service allows the submission of content and materials (such as your health status, updates, pictures, reviews, ideas, or notes) by you and other users (“User Submissions”), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Wikilife to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Wiklife Service and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Wikilife Service and this Agreement. For clarity, you shall retain all of your ownership rights in your User Submissions, subject to the User License Grant provision set forth below.
Wikilife assumes no responsibility whatsoever in connection with or arising from User Submissions. You understand that whether or not such User Submissions are published, Wikilife does not guarantee any confidentiality with respect to any User Submissions. Wikilife assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the user submitting User Submissions. Further, Wikilife makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, Wikilife reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.
Any information that you submit or we collect when you are using the Wikilife Service is subject to the Wikilife Privacy and Sharing Statement found on httpwikilife.org, the terms of which are incorporated into this Agreement.
When you register for the Wikilife Service you may be asked to provide a password and/or personal PIN (your “Password”). As you will be responsible for all activities that occur under your Password, you should keep your Password strictly confidential at all times. We reserve the right to suspend your account and/or require you to alter your Password if we believe for any reason that your Password is no longer secure. YOU MAY NOT SHARE YOUR Wikilife ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
By submitting User Submissions to Wikilife, you hereby grant Wikilife a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, publicly perform, publicly display, digitally perform, and otherwise exploit, for any purpose whatsoever, without compensation to you or any other provider, User Submissions in connection with the Wikilife Service and Wikilife’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Wikilife Service (and derivative works thereof) in any media formats now known or hereafter developed, and through any media channels. You also hereby grant each user of the Wikilife Service a non-exclusive license to access your User Submissions through the Wikilife Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Wikilife Service and under this Agreement.
The Wikilife Service may contain links to third party web sites, advertisements, or programs that are not controlled by or affiliated with Wikilife. Wikilife is not responsible for the content, offers or privacy policies of such third party sites and programs. Your dealings with third party sites are solely between you and the applicable third party.
Wikilife may automatically provide your Software with updates/upgrades in order to keep your Software up-to-date.
The Wikilife Service, including all Wikilife Materials, is owned by Wikilife and its affiliates and third-party licensors, as applicable, and is protected by applicable United States and foreign copyright, trade dress, patent, and trademark laws, international conventions, and other applicable intellectual property and proprietary rights and applicable laws. Wikilife Materials do not include certain materials and content submitted by users of the Wikilife Service. All trademarks, service marks and trade names are proprietary to Wikilife and its affiliates and third-party licensors, as applicable.
THE Wikilife SERVICE AND ANY THIRD-PARTY MEDIA, SOFTWARE, SERVICES, MATERIALS OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Wikilife SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Wikilife AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
Wikilife AND ITS AFFILIATES, SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE Wikilife SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE Wikilife SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Wikilife, AND ITS LICENSORS, SUPPLIERS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE Wikilife SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NEITHER Wikilife NOR ITS SUPPLIERS AND PARTNERS) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, PURCHASE, OR OTHERWISE OBTAIN MEDIA, MATERIALS, OR OTHER DATA THROUGH THE USE OF THE Wikilife SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify, hold harmless and release Wikilife, its officers, directors, stockholders, affiliates, and its and their licensors, suppliers and partners, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of (i) your use or misuse of the Wikilife Service, (ii) breach of any of this Agreement , (iii) your violation of any applicable law or the rights of any other person or entity, or (iv) the display, playback, publishing, hosting, sharing and/or selling or other distribution of any content made available through or by the Wikilife Service. Wikilife reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Wikilife OR ITS SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, LICENSORS, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE Wikilife SERVICE OR ANY CAUSE OF ACTION ARISING HEREUNDER, EVEN IF Wikilife OR A Wikilife AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Wikilife’s LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL Wikilife OR ITS SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, LICENSORS, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE Wikilife SERVICE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE Wikilife SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL Wikilife, REGARDLESS OF THE CAUSE OF ACTION, HAVE ANY LIABLITY FOR ANY DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN Wikilife AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE Wikilife SERVICE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE Wikilife SERVICE.
Wikilife has no obligation to furnish you with technical support unless separately agreed in writing between you and Wikilife.
If any dispute arises regarding this Agreement or the Wikilife Service, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction and venue in the state and federal courts in Santa Clara County, California.
Wikilife makes no claims that the Software may be lawfully accessed, used or downloaded outside of the United States. Any such use of the Software and/or the Wikilife Materials may not be lawful by certain persons or in certain territories. If you access any of these from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of whatever jurisdiction you are in at the time.
You agree that to comply with all export restrictions and regulations of the Department of Commerce or other agency of the United States Government, and that you will not export or otherwise transfer the Software, directly or indirectly, to a prohibited country.
You acknowledge and agree that the Wikilife Service is neither intended nor suitable for urgent emergency use, and that you will not use it for emergency purposes.
Any provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
We may assign our interest in this Agreement. You may not assign or transfer this Agreement. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
Your rights under this Agreement will automatically terminate without notice from Wikilife if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Software and Wikilife may immediately restrict your access to the Wikilife Service.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Service, and shall not be deemed to limit or affect any of the provisions hereof.
This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement made by Wikilife as set forth above.
Wikilife, Inc. is located at 4450 Arapahoe Ave., Suite 100, Boulder, CO 80303. Contact us by email: firstname.lastname@example.org