Project:Terms of Service

Terms of Use

Date of Last Revision: September 2014

Welcome to Create.Wiki (the “Service”), operated by Top Level Design, LLC (the “Company”). By accessing or using the Service, you (the “user”) signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”), regardless of whether you are a registered member of Create.Wiki. These Terms of Use wholly incorporate our Privacy Policy.

Please read these Terms of Use and our Privacy Policy, as they contain important information regarding your legal rights, obligations and remedies, including but not limited to limitations and exclusions, and a dispute resolution clause that dictates how disputes will be resolved. If you do not agree with this Privacy Policy, or any of our Terms of Use, then you may not use this Service. In the event that any term of the Privacy Policy conflicts with our Terms of Use, the Terms of Use controls.

You confirm that you are of legal age to form a binding contract with the Company, or an emancipated minor, or have parental or legal guardian consent and are fully able and competent to enter into, and comply with, these Terms of Use. You confirm that you are over the age of thirteen (13), and acknowledge that the Service is not intended for children under 13 years of age.

Create.Wiki is a hosting service which allows users to develop and edit content themselves. Because the content is collaboratively edited, we do not take responsibility for this content. We do not endorse any opinions expressed via our Service, nor do we represent or guarantee the accuracy or reliability of this content. We merely provide tools to develop, edit and access content created by third parties.
 * Services

You are legally responsible for your edits and contributions, so use caution and avoid contributing any content that may result in criminal or civil liability under any applicable laws. Applicable laws includes at least those of the United States, where Top Level Design, LLC is located. Other jurisdictions’ law may also apply to you, including local laws where you live or where you view or edit content. The Company cannot offer any immunity, indemnification, guarantee, or protection whatsoever with respect to your use of the service.

In order to develop or edit content, you will need to first register for membership in the Service. You may not register for membership in the Service where prohibited by law. By registering for membership, you agree to maintain the security of your identification and password and to be fully responsible for all use of your account and for the actions that take place using your account. You must notify the Company immediately of any unauthorized use of your account. The Company has the right to terminate your account, delete your profile or any content you have contributed for any reason, or no reason, at any time in its sole discretion, with or without notice.
 * Membership and Privacy

Because our Service is used by people all over the world, personal information that we collect may be stored and processed in the United States or any other country in which we or our agents maintain facilities. By using our Service, you consent to any such transfer of information outside your country.

The content within the Service is presented for general purposes only and should not be taken as professional advice. You should seek independent counseling from licensed or qualified professionals in appropriate fields before acting on any information, opinion or advice contained on the Service.
 * Content

Hosted content is created, modified and curated by a community of users. Your participation is welcome, but you should be civil in your interactions with other users. Certain activities, legal or illegal, may be harmful to other users, and some activities may also subject you to liability. You may not engage in the following activities:
 * User Conduct
 * abusing, harassing, threatening, stalking or intimidating other users
 * transmitting junk mail, chain mail, spam, or any other type of unauthorized solicitation
 * posting or transmitting obscene, pornographic, abusive, or profane content, or content which violates any law or right of any third party
 * posting or transmitting ethnic slurs, homophobia, religious intolerance, or content which encourages criminal conduct
 * infringing on the privacy rights of others under the laws of the United States or other applicable laws, which may include the laws where you live or where you view or edit content
 * soliciting personally identifiable information for purposes of exploitation, harassment, violation of privacy, or commercial purposes not explicitly approved by the Company
 * soliciting personally identifiable information from users under the age of eighteen (18) for illegal purposes or violating any applicable law regarding the health or well-being of minors
 * attempting to impersonate another user or individual, misrepresenting your affiliation with any individual or entity, or using the username of another with the intent to deceive
 * intentionally posting content which constitutes defamation or libel, or posting or transmitting false or inaccurate content with the intent to deceive
 * engaging in fraud, or posting illegal or unauthorized content for use for any illegal or unauthorized purposes
 * infringing copyrights, trademarks, patents, trade secrets, or other proprietary rights of any party under applicable law
 * posting child pornography or any other content which violates applicable law concerning child pornography, or posting or transmitting obscene content which is unlawful under applicable law
 * posting or transmitting content which contains any malicious code, malware, Trojan horses, viruses, worms, or other content which could harm our technical infrastructure or system, or any content designed to interrupt, destroy or limit user functionality
 * knowingly accessing, tampering with, or using our technical systems without authorization, or probing, scanning or testing their vulnerability without permission
 * manipulating source identifiers or otherwise attempting to disguise the origin of any content made available via the Service

You may not intentionally block, remove or otherwise obstruct the proper functioning and view of advertisements and/or interface and functionality by other users. You are solely responsible for the content (including but not limited to photos, profile information, messages, search results edits and other content that you upload or display) uploaded, edited or accessed on or through the Service, or which you transmit or share with other users. You understand that other users may edit or remove without notice any content from the Service, for any reason or no reason. You warrant that you own or have the necessary rights, licenses, releases, consents and permissions to permit the Company to copy, store, publish, display and distribute your content via the Service.

All users are required to grant broad permissions to the general public to redistribute and reuse their contributions freely, so long as that use is properly attributed and the same ability to redistribute and reuse is granted to any derivative works. When you submit text to which you hold the copyright, you agree to license it under Creative Commons Attribution 4.0 International (“CC BY 4.0”). Public domain content is also welcome, though it should be labeled appropriately and you warrant that the material is actually in the public domain.
 * Licensing, DMCA and Indemnity

Please note that the CC BY 4.0 license does allow commercial uses of your content, as long as such uses are compliant with the terms. By contributing content, you agree to be attributed through hyperlink or URL to the article or content which you contributed (articles have page histories which list authors and editors), through hyperlink or URL to a stable copy which is freely accessible (and which provides credit to the authors in a manner equivalent to the credit given on the website), or through a list of authors.

The Service includes access to non-text (audio and visual) content such as graphics, logos, music, photographs, videos and other media, which has been licensed for use and display by third parties. This content may be accessible via an embedded player, which displays content hosted on other sites or services. You may not attempt to download, alter, delete, redistribute, or insert advertising or promotional materials within any non-text content, or use the content for any purposes other than non-commercial or personal consumption and viewing. You may not attempt to adapt, enhance, modify, translate or otherwise alter creative derivative works based upon non-text content. You may not attempt to license, transfer, or assign to any third party any rights to use or display such content.

Claims of copyright infringement, pursuant to the Digital Millennium Copyright Act (“DMCA”) should be sent to Top Level Design, LLC, 742 Ocean Club Place, Fernandina Beach, Florida 32034. Alternatively, you may make a request to our community of users, which often handles copyright issues faster and more effectively than prescribed under the DMCA. For example, you can post a notice explaining your copyright concerns on the entry’s discussion page and/or the uploader’s talk page.

You are solely responsible for your use of any third-party websites or resources. Although the Service contains links to third-party websites and resources, we do not endorse and are not responsible or liable for their availability, accuracy, or the related content, products, or services (including, without limitation, any malware, viruses, or other disabling features), nor do we have any obligation to monitor such third-party content. Further, you understand and acknowledge that by using the Service you may be exposed to content that you may find indecent, offensive or otherwise objectionable. You use the Service at your own risk.

We do not function as an archive. We have no liability for loss, damage, or destruction to your content. You are solely responsible for creating backup copies and replacing any content you post or store on the Service. By posting content, you authorize us to make copies thereof as we deem necessary in order to facilitate the posting and storage of the content.

You agree to indemnify the Company, its owners, employees and users from any liability resulting from your use of this Service or its hosted contents. In no event will the Company, its owners, officers, directors, employees, contractors 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 hosted content or other materials thereon, even if the Company has been advised or was otherwise aware of the possibility of such damage.

In an unusual case, the need may arise, or the community may ask the Company, to address a problematic user because of disturbing, illegal and/or dangerous behavior. In such cases, we reserve the right, but do not have the obligation to:
 * Disputes and Jurisdiction
 * investigate your use of the Service to determine whether a violation of these Terms of Use or other applicable law or policy has occurred, or to comply with any applicable law, legal process, or appropriate governmental request
 * detect, prevent, or otherwise address fraud, security, or technical issues or respond to user support requests
 * refuse, disable, or restrict access to the contribution of any user who violates these Terms of Use
 * ban a user from editing or contributing, or block a user's account or access for actions violating these Terms of Use
 * take legal action against users who violate these Terms of Use, including reports to law enforcement authorities
 * manage otherwise the Service in a manner designed to facilitate its proper functioning and protect the rights, property, and safety of ourselves and our users, contractors, and the public

We hope that no serious disagreements arise involving you, but in the event there is a dispute, we encourage you to seek resolution through the dispute resolution procedures or mechanisms provided by the Create.Wiki community, for example, by posting a note on an entry’s discussion page or the uploader’s talk page.

If you seek to file any legal claim against us, you agree to file and resolve it exclusively in a state or federal court located in Nassau County, Florida. You also agree that the laws of the State of Florida and, to the extent applicable, the laws of the United States of America will govern these Terms of Use, as well as any legal claim that might arise between you and us. You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Nassau County, in any legal action or proceeding relating to us, the Service and/or these Terms of Use. To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, any claim or cause of action you might have arising out of or related to use of our services or these Terms of Use must be filed within one (1) year after the pertinent facts underlying such claim or cause of action could have been discovered with reasonable diligence -- or you shall be forever barred from asserting such claims.

Your use of our Service is at your sole risk. We provide the Service on an "as is" and "as available" basis, and we expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that our Service will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure.
 * Disclaimers

We are not responsible for the content, data, or actions of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. No advice or information, whether oral or written, obtained by you from us or through or from our services creates any warranty not expressly stated in these Terms of Use.

Any material downloaded or otherwise obtained through your use of our Service is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by the service. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.

Some states or jurisdictions do not allow the types of disclaimers in this section, so they may not apply to you either in part or in full depending on the law.

We will not be liable to you or to any other party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether we were advised of the possibility of such damage. In no event shall our liability exceed one thousand U.S. dollars (USD 1000.00) in aggregate. In the case that applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you, although our liability will be limited to the fullest extent permitted by applicable law.
 * Limitation on Liability

These Terms of Use do not create an employment, agency, partnership, or joint venture relationship between you and the Company. If you have not signed a separate agreement with the Company, these Terms of Use are the entire agreement between you and the Company. You understand that, unless otherwise agreed in writing by us, you have no expectation of compensation for any activity, contribution, or idea that you provide to the Company or the community. If any provision of this Agreement is held invalid, then the remainder of this Agreement shall continue to be valid and enforceable, in full force and effect. If any provision or part of a provision of these Terms of Use is found unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and will be enforced to the maximum extent permissible, and all other provisions of these Terms of Use will remain in full force and effect.
 * Other Terms

We reserve the right to amend these Terms of Use from time to time, in the following manner. We will post the changes and provide email notice to all registered users, at least ten days in advance of the effective date of such changes. Your continued use of the Service, after the effective date of such changes, constitutes your acceptance of the amended Terms of Use.

These Terms of Use are based on those of the Wikimedia Foundation, which are available under a Creative Commons Attribution-Share Alike License (see revision history and authors).

''Thank you for taking the time to read these Terms of Use. We are happy to have you contributing to Create.Wiki.''