wikiDOMO Ltd

Terms of Use

Version 3.00.2 - Effective October 4, 2011

As with our Privacy Policy, these Terms of Use are about you, your rights and protections as a user of wikiDOMO in any of its forms or domains. Of course, this does not include any non wikiDOMO owned or operated sites that might link to or from wikiDOMO.

Acceptance of Terms of Use

IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY. wikiDOMO owns and operates this Website located at http://wikiDOMO.com and it's API located at http://api.wikidomo.com (the Website). This Terms of Use Agreement (this Agreement) states the terms and conditions under which you may access and use the Website. By accessing and using the Website you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Website. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF wikiDOMO OPERATING WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT. wikiDOMO may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement.

Eligibility

By accessing and using the Website, you acknowledge to wikiDOMO that you are at least 16 years of age.

Restrictions on Use

You agree that you will not:

1. use the Website to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Website,
2. use the Website to transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
3. use the Website in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
4. use the Website for keyword spamming or to otherwise attempt to manipulate search results;
5. use the Website to promote bigotry or discrimination;
6. use the Website to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity. or any other intellectual property or proprietary right;
7. use the Website to transmit or post pornography or illegal content;
8. use the Website to solicit personal information from minors or to harm or threaten to cause harm to minors;
9. use the Website in violation of the Agreement or any applicable law;
10. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell. trade, or in any way exploit the Website or Website Content (other than Your Content), except as expressly authorized by WikiDOMO;
11. reverse engineer any portion of the Website, except as may be permitted under the law;
12. remove or modify any copyright. trademark or other proprietary rights notice on the Website or on any materials printed or copied off of the Website;
13. record, process, or mine information about other users/contributors;
14. reformat or frame any portion of the Website;
15. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on WikiDOMO's technology infrastructure;
16. attempt to gain unauthorized access to the Website, user accounts, computer systems or networks connected to the Website through hacking, password mining or any other means; use the Website or any Website Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website; make excessive traffic demands; use the Website to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Website or Website Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of Website Content, or features that enforce limitations on the use of the Website.

ASSIGNMENT OF RIGHTS

Factual Information (Such as address, telephone numbers or about information)
By contributing Factual Infomation you agree to grant wikiDOMO and others permission to re-distribute and re-use your contributions freely, as long as the use is attributed and the same freedom to re-use and re-distribute applies to any derivative works. Therefore, for any Factual Information you hold the copyright to, by submitting it, you agree to license it under the Creative Commons Attribution/Share-Alike License 3.0 http://creativecommons.org/licenses/by-sa/3.0/

Opinions Content (such as reviews or comments)

By contributing Opinion Content you agree to grant wikiDOMO and others permission to re-distribute and re-use your contributions freely, as long as the use is attributed and there are no derivative works. Therefore, for any Opinion Content you hold the copyright to, by submitting it, you agree to license it under the Creative Commons Attribution No Derivative Works Licence 3.0 http://creativecommons.org/licenses/by-nd/3.0/

Non-Text Content (such as pictures, videos or documents)

When you contribute Non-Text Content you must select the appropriate licence from the choices below:

1. No Rights Reserved [CC0] http://creativecommons.org/licence/zero/
2. With Attribution to copyright holder [CC-BY] http://creativecommons.org/licenses/by/3.0/ 
3. With Attribution but No Derivative Works [CC-BY-ND] http://creativecommons.org/licenses/by-nd/3.0/  
4. No reuse permitted – no one is permitted to reuse, outside of Website, the images that you submit to the Website.

Factual Information (aka objective contributions)

DO:

1. Contribute only content appropriate to each field.
2. Verify your information before you contribute it.
3. Contribute new Place profiles that are currently operating and People profiles that are currently working or are otherwise directly engaged with a place - such as a freelancer or a volunteer.

DON'T:

1. Contribute opinions in the fields reserved for factual data.
2. Contribute any personal information about a person. The name, job title and business information is acceptable.
3. Add a URL/link that does not pertain to the profile of a place or person.
4. Delete existing information without confirming that it is no longer valid.
5. Contribute fictitious profiles of people or places.
6. Contribute information on people that are not directly associated with a place; such as management, employees or contractors.
7. Contribute information on people that are are under the age of 16

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL wikiDOMO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, LICENSEES OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF wikiDOMO KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL wikiDOMO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, LICENSEES OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE HUNDRED CANADIAN DOLLARS (CDN $100) EVEN IF wikiDOMO HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL wikiDOMO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, LICENSEES OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF WikiDOMO OR YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION.

wikiDOMO EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEBSITE OR ANY ADVERTISER OR SPONSOR OF THE WEBSITE (COLLECTIVELY, THIRD-PARTY USER). UNDER NO CIRCUMSTANCES SHALL wikiDOMO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR LICENSEES BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEBSITE LINKED TO OR FROM THE WEBSITE. IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEBSITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEBSITE LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK. YOU HEREBY RELEASE WikiDOMO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE OR BY THIRD PARTIES THROUGH THE WEBSITE.

Indemnity

You agree to indemnify and hold wikiDOMO its parents, subsidiaries, affiliates, any related companies, suppliers, licensors, licensees and partners and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site, (ii) your violation of the Agreement, or (iii) the infringement by you or any third party using your account, of any intellectual property or other right of any person or entity. wikiDOMO reserves the right, at your 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. You agree not to settle any matter without the prior written consent of wikiDOMO.  wikiDOMO will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Governing Law and Jurisdiction

The Website (excluding linked websites) is controlled by wikiDOMO from its offices within the Province of Ontario, Canada. By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and/or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

wikiDOMO:

• will do our very best to provide you with consistent and high-quality service. However, we also know that there will be growing pains along the way. We ask for your understanding and help in building this community; and

• will do our best to protect copyrights, trademarks, or other rights owned by others. If you believe that any information on wikiDOMO violates such rights, please notify us at legal@wikiDOMO.com and we will work with you to resolve the matter.

If you find any information that you feel is inappropriate or simply incorrect, we hope you will tell us at feedback@wikiDOMO.com.

If you have any questions about these Terms of Use, please contact us at legal@wikiDOMO.com or by mail at the address below:

    Rights Champion

    wikiDOMO Ltd.

    202-1370 Don Mills Road

    Toronto, ON

    Canada, M3B 3N7

Updated 4 October 2011

Privacy Policy

Version 1.00.2 - Effective January 28, 2008

This Privacy Policy is about you, your rights and protections as a user of wikiDOMO in any of its forms or domains. Of course, it does not include any non wikiDOMO owned or operated sites that might link to or from wikiDOMO.

By using this website, you allow us to collect, store and use your personal information as described below. As the wikiDOMO service evolves, this Privacy Policy may change. You should periodically review it for changes.

In order to provide wikiDOMO services, we collect, store, and use the following types of information:

Non-personal information (e.g. search parameters, IP address, etc)

Personal information that you provide (e.g. email address for Newsletter subscription)

We will not sell your personal information or any information that can be directly connected to you as an individual user.

Although we will do our best to protect your data, we cannot guarantee the security of your data as it is transmitted over the internet. Once we have received your data, we will use strict procedures and security features to prevent unauthorized access.

If you have any questions about this Privacy Policy or our privacy practices, please contact us at privacy@wikiDOMO.com or by mail at the address below:

    Privacy Champion

    wikiDOMO Ltd.

    202-1370 Don Mills Road

    Toronto, ON

    Canada, M3B 3N7

Updated 15 February 2010