Terms of Service

Image: Solitude by Lord Leighton

Solitude by Frederick Lord Leighton

1. ACCEPTANCE OF TERMS

A person’s use of Wing of Madness (WOM) and any of its Services (as defined below) at any time is subject to WOM’s then-current Terms of Service (“TOS”), which may be updated from time to time as set forth below. Each user can review the then-current TOS at any time at: Terms of Service.

In addition, each user’s use of particular Services may be subject to specific guidelines or rules (“Service-specific Rules”) posted from time to time and incorporated by this reference into the TOS. A user’s use of WOM and/or its Services constitutes full acceptance of and agreement to the TOS; if a user does not accept our TOS, he or she is not granted rights to use WOM or any of its Services, as defined herein, and should refrain from accessing WOM and its Services.

To update the TOS or any Service-specific Rules, we will both post the changed version and its effective date at Terms of Service. Concurrently with any change to the core TOS, we will email notice of the change to known users at least 15 days (or such shorter or longer time as mandated by law or any judicial or government body) in advance. If we change any Service-specific Rules, we will post the changed version on the location where those Service-specific Rules normally appear, reference the change on the primary page for that Service and include a link to the previous version of the rules.

WOM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, WOM or any Service thereon (or any part thereof) with notice to users and the public as described above, or immediately in the event of technical difficulties. WOM shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.

2. DESCRIPTION OF SERVICE; NO WEB ACCESS

WOM is a website owned and operated by Wing of Madness Inc., for the purpose of disseminating information about depression and providing a community to discuss depression (the “Purpose”). WOM currently offers users access to a collection of on-line resources for the Purpose, including message boards, chat and shopping services through its website (collectively, the “Services”). To use the Services, each user must independently obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any and all service fees or equipment costs associated with such access.

3. REGISTRATION OBLIGATIONS

If required by the site in question, each user must: (a) provide true, accurate, current and complete information on the Service’s registration form (collectively, the “Registration Data”) and (b) maintain and promptly update the Registration Data as necessary. If, after investigation, we have reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, we may suspend or terminate that user’s account and prohibit any and all current or future use of the Services (or any portion thereof) by that user other than as expressly provided herein.

Each user will receive a password and account designation upon completing the Service’s registration process and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. WOM cannot and will not be liable for any loss or damage arising from a user’s failure to comply with this Section, including any loss or damage arising from any user’s failure to (a) immediately notify WOM of any unauthorized use of his or her password or account or any other breach of security and (b) ensure that he or she exits from his or her account at the end of each session.

WOM handles user Registration Data in accordance with the WOM Privacy Policy accessible at Privacy Policy.

4. CONTENT

All information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever (collectively, “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the user, and not WOM, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via WOM or any Service. No user shall transmit Content or otherwise conduct or participate in any activities on WOM and/or any Service which, in the opinion of WOM’s counsel, are prohibited by law in applicable jurisdictions, including laws governing the encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property.

WOM will not pre-screen or review Content, but WOM reserves the right to refuse or delete any Content of which it becomes aware which it reasonably deems not to fulfill the Purpose. In addition, WOM shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content which it reasonably considers to violate the TOS or be otherwise illegal. WOM, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined necessary by us to protect the rights, property or personal safety of WOM, its users and the public. WOM does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will WOM be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via WOM or any Service thereon.

Each user, by using WOM or any Service, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Licensing and Other Terms Applying to Content Posted on WOM:

With respect to text or data entered into and stored by publicly-accessible site features such as message boards and bug trackers (“WOM Public Content”), the submitting user retains ownership of such WOM Public Content; with respect to publicly-available statistical content which is generated by the site to monitor and display project activity, such content is owned by WOM. In each such case, the submitting user grants WOM the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

5. NO RESALE OF SERVICE

You agree not to sell, resell or offer for any commercial purposes, any portion of the Services, use of the Services or access to the Services.

6. GENERAL PRACTICES REGARDING USE AND STORAGE

WOM may establish general practices and limits concerning use of the Services, as defined by posted Service-specific Rules. While WOM will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, WOM has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any Service. WOM reserves the right to mark as “inactive” and archive accounts and/or projects that are inactive for an extended period of time. WOM reserves the right to change these general practices and Service-specific Rules at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.

7. TERMINATION

A user’s account may be terminated for reasons that include, but are not limited to, the following: 1.) violation of these TOS; 2.) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; 3.) use of Service in a manner inconsistent with the Purpose; 4.) a user’s request for such termination; and 5.) requirement of applicable law, regulation, court or governing agency order.

WOM’s termination of any user’s access to WOM or any Service hereunder may be effected without notice and, on such termination, WOM may immediately deactivate or delete user’s account and/or bar any further access to such files, that Service or WOM. WOM shall not be liable to any user or other third party for any termination of that user’s access or account hereunder.

Notwithstanding the foregoing, unless prohibited by law or judicial or governmental order, WOM shall make reasonable efforts to make available all information in a user’s account to that user prior to deleting that account or marking that account “inactive”, including emailing to the affected user 15-days prior notice of such termination and the location of such user’s information, and retaining all information for at least 15 days after emailing such notice.

8. LINKS

WOM, any Service or a third party may provide links to other Websites. WOM exercises no control whatsoever over such other Websites and Web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. WOM shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith.

9. INDEMNITY; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Each user shall indemnify, defend and hold harmless each of Wing of Madness Inc. and its affiliates and their respective officers, employees and agents, and website partners from any and all claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of WOM; his or her submission, posting or transmission of Content or his or her violation of the TOS.

EACH USER’S USE OF THE SERVICE IS AT HIS OR HER SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WOM ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA WHICH RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WOM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, WOM MAKES NO WARRANTY THAT (i) WOM OR ANY SERVICE WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

EXCLUDING ONLY DAMAGES ARISING OUT OF WING OF MADNESS’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WING OF MADNESS INC. SHALL NOT BE LIABLE 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 (EVEN IF WING OF MADNESS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER’S USE OR INABILITY TO USE THE SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO WOM OR ANY SERVICE. IN NO EVENT SHALL WING OF MADNESS INC.’S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN WING OF MADNESS INC. AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, WING OF MADNESS INC. DOES NOT AND CANNOT CONTROL THE ACTIONS OF WOM USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE WHICH COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES.

WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO WOM OR ANY SERVICES. OPERATION OF THE WEBSITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY WING OF MADNESS INC., INC.

10. TRADEMARK INFORMATION

Wing of Madness, the Wing of Madness logo and other Wing of Madness trademarks, service marks, and product and service names are trademarks of Wing of Madness Inc. (the “WOM Marks”). Wing of Madness is a trademark of Wing of Madness Inc. All other marks are property of their respective owners.

11. COPYRIGHTS

WOM respects the intellectual property of all parties and we ask our users to do the same. If a user or other third party believes that its Content has been copied in a way that constitutes copyright infringement, that user or third party should provide WOM with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that has been infringed; (c) a description of where the allegedly infringing material is located on the Website; (d) the affected user or third party’s address, telephone number and email address; (e) a statement by the affected user or third party that he or she has a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by the affected user or third party, under penalty of perjury, that the above information is accurate and that such user or third party is the copyright owner or is otherwise authorized to act on the copyright owner’s behalf. If WOM receives such a claim, WOM reserves the right to refuse or delete Content as described under Section 4 hereto, or to terminate a user’s account in accordance with Section 7.

12. GENERAL INFORMATION

The TOS constitute the entire agreement between each user and Wing of Madness Inc. and govern each user’s use of the Service, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

13. VIOLATIONS

Please report any violations of the TOS, any alleged copyright infringements or any other matters to the WOM Webmaster at webmaster@wingofmadmess.com.

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