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 of identifying the type of access a visitor uses and the referrer that sent them to WOM.
3. REGISTRATION OBLIGATIONS
WOM does not register visitors.
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.
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.
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.
8. 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.
9. 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.
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.
11. 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.
Please report any violations of the TOS, any alleged copyright infringements or any other matters to the WOM Webmaster at firstname.lastname@example.org.