Terms and Conditions of Use - WizardWiki

Effective Date: October 1, 2009

WIZARDWIKI IS A TRADEMARK OF WORDWARE PTY LTD. ("WizardWiki" or "we" or "us"). THESE TERMS OF USE, AS MODIFIED OR AMENDED FROM TIME TO TIME ("Terms") ARE A BINDING CONTRACT BETWEEN WORDWARE AND YOU ("you" or "user"). BEFORE USING THE WIZARDWIKI.NET WEBSITE OR ANY WIZARD, VIDEO, AUDIO, APPLICATIONS, FEATURES OR FUNCTIONALITY AVAILABLE ON OR THROUGH THE WEBSITE (collectively, the "Site"), PLEASE READ THESE TERMS CAREFULLY. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE PRIVACY POLICY, AND YOU AGREE TO FOLLOW THE GUIDELINES AND POLICIES THAT WIZARDWIKI MAY POST ON THE SITE OR PROVIDE TO YOU FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE, IN WHICH CASE YOU SHOULD IMMEDIATELY EXIT AND NOT USE THE SITE. WIZARDWIKI MAKES THE WIZARDS AND INFORMATION ON THE SITE AVAILABLE TO YOU CONDITIONAL UPON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THE TERMS. THESE TERMS APPLY TO ALL USERS, INCLUDING VISITORS TO THE SITE, AND REGISTERED MEMBERS AUTHORISED TO POST WIZARDS TO THE SITE. IF YOU WISH TO BECOME A REGISTERED USER, COMMUNICATE WITH OTHER REGISTERED USERS AND MAKE USE OF WIZARDWIKI'S SERVICES, YOU MUST READ THIS AGREEMENT AND ALSO INDICATE YOUR ACCEPTANCE DURING THE REGISTRATION PROCESS.

  1. DESCRIPTION OF SITE; MINIMUM AGE REQUIREMENT

    Our Site WizardWiki.net is a collaborative project designed to build a worldwide repository of computer-based Wizards. You and other users of our Site have access to thousands of Wizards and supporting media (video files, audio files, and Wizards) that are intended to provide interactive guidance and support for the completion of tasks. Many of these Wizards are posted by people from around the world, and represent a diversity of perspectives, experience and approaches to tasks that may be of interest to you.

    In addition to being a place for you to do things, the Site is also a platform for you to share your Wizards with others. In return for our display of your Wizard for any period of time, you agree to grant a license to WizardWiki described in Clause 5 hereof. We invite you to comment on WizardWiki Wizards, as well as submit your own Wizards for posting.

    Our site also acts as a matching service for people wishing to commission Wizards from the gStepOne Wizard writing community.

    We give you the ability to create a unique personal profile to find others who share your interests. To find out more about our Site, please go to About WizardWiki.net.

    However, the Site is for general research, informational, and support purposes only. We publish Wizards from current and past contributors (collectively, "Contributors"). The information on the Site represents only the opinions and perspectives of the Contributors and not us. You should assume that we have not independently verified the accuracy, thoroughness, or relevance of the Wizard available on the Site. Our publication Wizard is not our endorsement of any Contributor or the Wizard submitted by any such Contributor. Use of the Wizards is therefore entirely at your own risk. Furthermore, we have not verified the identity of each Contributor, and the extent of each Contributor's license (if licensed) or any other credential checks.

    This Site is intended for use by persons who are at least 14 years old. By using the Site, you represent and warrant that you are at least 14 years old, and you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you. If you choose to set up an Account, your Account may be used only by you.

  2. MODIFICATIONS TO TERMS

    You agree that from time to time we may, at our sole discretion, modify, add or remove any or all parts of these Terms and the PRIVACY POLICY. Such modifications will be effective immediately upon posting of the modified Terms to the Site. Your continued use of the Site following the posting of changes to these Terms will mean that you accept those changes. To update the Terms, we will post both the changed version and its effective date on the Site. As such, we encourage you to check back regularly to review these Terms and any updates thereto.

  3. MODIFICATIONS TO SITE

    You may use the Site only when and as available. We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the Site (or any part thereof) without notice. We may temporarily or permanently modify or remove any part or all of your Wizard from the Site at any time without any notice to you. We will not be liable to you or any third party for any such modification, suspension, discontinuance or removal and any such action by us will not affect WizardWiki's license to your Wizard as stated herein.

  4. POSTING WIZARD ON THE SITE; REPRESENTATIONS AND WARRANTIES

    By displaying or publishing ("posting") any Wizard on the Site, including without limitation text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, "Wizard "), and including any Wizard you post through the Wizard Competition Program described in Clause 6 hereof, you warrant and represent that:

    1. you own all rights in your Wizard and the performance contained in your Wizard or, alternatively, you have acquired all necessary rights in your Wizard to enable you to grant to WizardWiki the rights in your Wizard described herein and for us to exercise the rights with respect to such Wizard that you grant herein;

    2. you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your Wizard;

    3. you are the individual pictured, depicted, and/or heard in your Wizard, or, alternatively, you have obtained permission (and, if applicable, publicity rights) from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your Wizard to grant the rights to WizardWiki described herein;

    4. you will make such permissions available to WizardWiki upon request;

    5. your Wizard is not defamatory in nature, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.

    6. if you are a direct competitor of an author or another Posting user, or otherwise have an interest adverse to the author or another posting user, you will fully disclose the interest;

    7. you will not stalk, threaten or harass authors or other users or infringe upon, invade or attempt to infringe upon or invade their privacy; and

    8. you will not Post any information or material which may constitute or encourage conduct that is a criminal offense, tort, or civil wrong or otherwise violates any applicable law;

    9. Your Wizards shall not contain or link to any information or material of a sexual or explicit nature as deemed by us in our absolute discretion.

    You agree to keep all records necessary to establish that your Wizard does not violate any of the foregoing representations and warranties and to make such records available upon the request of WizardWiki all without the violation of any other person's intellectual property or other rights or of any laws or regulations. You acknowledge that the Site does not have any "digital rights management" or other security technology features to restrict someone who receives Wizard from copying and redistributing it.

    To post a Wizard on the Site, you must first complete the gStepOne or Site registration process to create an account with a user name and password (the "Account"). You agree to provide accurate current and complete information during the registration process, when contributing Wizards or when otherwise using the Site. You also agree that you will review, maintain, correct and update such information in a timely manner to maintain its accuracy and completeness. You agree to safeguard your user name and password, and you authorize us to accept any use of the Site through your Account as being used by you or someone authorized to act for you. You agree to be liable for any Wizard posted using your Account and for any transactions associated with your Account. You agree that we can rely upon the contact and other information that is supplied to us using your Account and that we will rely upon such information. You agree and acknowledge that your Account is non-transferable and non-assignable. You may not share your password with anyone unless you are a minor, in which case you may share your password with your parents or other legal guardians.

    When you submit ideas, suggestions, documents, or proposals (collectively, "Submissions") to us through our "Contact Us" web page located at Contact Us you represent, warrant, and agree that:

    1. your Submissions do not include confidential or proprietary information;

    2. if we so choose, we may use and disclose your Submissions in any way; and

    3. we have no obligation to pay or reimburse you for your Submissions or our use of your Submissions.

  5. OWNERSHIP OF RIGHTS; LICENSE RIGHTS

    You retain ownership of your copyrights and other intellectual property and proprietary rights in any Wizard you post to the Site, subject to the non-exclusive rights that you grant to us as described in these Terms. These Terms do not prevent you from granting similar rights to others.

    You hereby grant WizardWiki a worldwide, royalty-free, freely transferable, freely sub-licensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), and create derivative works of the Wizard, in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have in such Wizard under the laws of any jurisdiction. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms. You agree that we may (but are not obligated to) display your Wizard, and your username or your actual name (according to the preferences you select at the time that you register) along with your Wizard.

    You acknowledge that the posting of your Wizard for any period of time is sufficient consideration for the license granted herein to WizardWiki. Your decision to participate in the Wizard Competition Program described in Clause 6 hereof and receipt or failure to receive any money thereunder, which is offered to you at WizardWiki's sole discretion, will not affect your license granted to WizardWiki under this Clause.

    You may choose from time to time to remove or modify a Wizard that you previously posted on the Site. If, prior to such removal or modification, WizardWiki has created, or developed specific plans to create, any electronic or printed materials containing such Wizard (e.g., in advertising, promotion or otherwise), then you agree that WizardWiki may continue to exploit materials containing such Wizard after you have removed or modified that Wizard. However, six (6) months after you have removed or modified that Wizard, you may send us written notice to cease displaying such materials, in which event we will use commercially reasonable efforts to cease displaying such materials within thirty (30) days of our receipt of such notice. Your written notice to us must be sent to 1/321 Whitehorse Road, Nunawading, Victoria, Australia, 3131, Attn: copyright@gstepone.com, and contain the following information:

    1. your name, address, telephone number, and email address;

    2. the user name for your Account;

    3. your electronic or physical signature;

    4. identification of the specific Wizard, such as by the title of the article that contained such Wizard;

    5. identification of the materials containing the Wizard in question, including the title and the URL where it may be viewed;

    6. identification of the approximate date on which you removed or modified the Wizard contained in such materials;

    7. a statement that you would like WizardWiki to cease using such materials containing such Wizard; and

    8. your certification that you own or have the exclusive rights to such Wizard.

  6. WIZARD COMPETITION PROGRAM

    You may be eligible to participate in the Wizard Competition Program ("WCP") which offers you the chance to earn money when you post certain Wizards on the Site that meets the eligibility requirements. If you would like to participate in the WCP, you will need to enrol in ("Supplemental Terms"). The Supplemental Terms are part of and incorporated into these Terms.

    You agree that from time to time we may, at our sole discretion, modify, suspend, add to, remove or discontinue all or any portion of the WCP or the Supplemental Terms, and that we will not be liable to you or to any third party for doing so. To change or update the Supplemental Terms, we will post the revised version and its effective date on the Site and we will automatically present such revised Supplemental Terms to you during the login process (if they were revised since your last login). The revised Supplemental Terms will be effective upon posting to the Site. By continuing to participate in the WCP after WizardWiki has posted such revised Supplemental Terms to the Site or otherwise provided you with any notice of them, you agree to be bound by such Supplemental Terms. If such revised Supplemental Terms are not acceptable to you, your only recourse is to cease participation in the WCP.

  7. PROHIBITED WIZARDS

    You agree not to post to the Site any Wizard or any other materials whatsoever that is or could appear to be:

    1. untrue, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive to another person's privacy or protected data, hateful, or racially, ethnically or otherwise objectionable;

    2. infringing or alleged to be infringing upon a third party's rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any Wizard that is the subject of any third party claim of infringement;

    3. of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information and proprietary and confidential information;

    4. unsolicited, undisclosed or unauthorized advertising;

    5. software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

    6. data or information obtained through access that was not authorized by the owner of the data or information, or with respect to which such posting would constitute unauthorized use; or

    7. in violation of any applicable local, state, national or international law, regulation, or statute (including export laws).

  8. PROHIBITED CONDUCT; LIQUIDATED DAMAGES

    You agree not to do, or attempt to do, any of the following, subject to applicable law:

    1. access or use the Site in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;

    2. access, tamper with, or use services or areas of the Site that you are not authorized to access;

    3. alter information on or obtained from the Site;

    4. tamper with postings, registration information, profiles, submissions or Wizard of other users;

    5. use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters";

    6. frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Wizard for any purpose except as expressly permitted in writing by us;

    7. impersonate or misrepresent your affiliation with any person or entity;

    8. reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, Wizard or code of the Site (except as otherwise expressly permitted by law);

    9. send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Site or any recipient; or

    10. take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.

    IF YOU SEND UNCOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, "UNSOLICITED EMAIL OR OTHER COMMUNICATION") THROUGH THE SITE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO US, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY LICENSOR US$40 FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION.

  9. MONITORING OF SITE WIZARDS

    We are under no obligation to restrict or monitor Site Wizards in any way. YOU UNDERSTAND AND ACKNOWLEDGE THAT WIZARDWIKI DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF WIZARDS. Notwithstanding the foregoing, we reserve the right to modify or remove any Wizard at any time. Any opinions, advice, statements, services, offers, or other information or Wizard expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of WizardWiki. WizardWiki neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by anyone other than authorized WizardWiki employees acting in their official capacities.

  10. PROTECTION OF SITE WIZARDS

    Our Site is protected by intellectual property laws and you agree to respect them. WizardWiki grants you a limited, revocable, non-transferable, non-sub-licensable, non-exclusive license, under the rights WizardWiki has in the Wizard, to privately display the Wizard on your computer for your own personal, non-commercial purposes, and to print a reasonable number of copies of the Wizard or components of the Wizard as needed for that use. WizardWiki reserves all other rights in the Wizard, on its own behalf and the behalf of its licensors (including contributors), and WizardWiki does not, directly or by implication, by estoppel or otherwise, grant any other rights or licenses to you under these Terms.

  11. RE-USE OF WIZARDS

    Except as expressly stated in the previousClause, you may reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Wizard without prior written consent from WizardWiki or the contributor of the Wizard or other third-party owner of the rights in that Wizard (if any). No commercial use or redistribution of the Site is permitted. Any hyperlink or other re-display of the information on another web site must display the Site on a full-screen and not within a "frame" on the linked or other website.

  12. PRIVACY POLICY

    Please see our PRIVACY POLICY. Our PRIVACY POLICY is part of and incorporated into these Terms. We reserve the right to contact you in connection with our or your compliance with and performance of these Terms (including without limitation the license rights granted hereunder) or any Wizard or activities relating to the Site.

  13. TERMINATION OR CANCELLATION

    You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Site, and/or your Account, or suspend or block your access to the Site. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Site after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Site.

    If your Account or access to the Site is terminated for any or no reason, you may no longer have access to the Wizard you posted on the Site. In such event, WizardWiki may continue to exploit electronic or printed materials it has created, or developed specific plans to create, that contain such Wizard according to the terms contained in Clause 5 with respect to removal or modification of Wizard previously posted on the Site.

    The provisions entitled "Posting Wizard on the Site; Representations and Warranties," "Ownership of Rights; License Rights," "Prohibited Conduct; Liquidated Damages," "Termination or Cancellation," "Indemnification," "Disclaimer of Warranties," "Exclusion of Damages; Limitation of Liability," "Copyright Infringement," "Additional Terms," the Notices regarding the availability of filtering software, 'No Harvesting or Dictionary Attacks Allowed', trademarks, and copyright ownership, and the PRIVACY POLICY will survive termination of these Terms.

  14. DEALINGS WITH MERCHANTS; LINKS

    The Site contains advertisements, offers, or other links to other websites and resources of third parties that we do not control. That information, as well as advertisements, may or may not be or remain wholly accurate. You acknowledge and agree that WizardWiki is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the Wizard, advertising, or products or services on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at your own risk. WizardWiki's PRIVACY POLICY is applicable only when you are on our Site. Once you choose to link to another website, you should read and understand that website's privacy statement before disclosing any personal information.

    Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Site or which provide links on the Site, including, for example, "click to purchase" and other similar programs, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against WizardWiki and agree to hold WizardWiki harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Site.

  15. INDEMNIFICATION

    As a condition of your access to and use of the Site, you agree to hold Wordware Pty Ltd, and its subsidiaries, affiliates (for example, those listed at www.wordware.com.au), officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:

    1. your access to and use of the Site and Wizard therein;

    2. your violation of these Terms (including terms incorporated into them, e.g., the PRIVACY POLICY and Supplemental Terms), and any applicable law or the rights of another person or party;

    3. any dispute you have or claim to have with one or more users of the Site;

    4. WizardWiki's resolution (if any) of any dispute you have or claim to have with one or more users of the Site;

    5. your improper authorization for WizardWiki to collect, use or disclose any data or Wizard provided by you; and

    6. any disclosures made with your permission (including, without limitation, your consent that WizardWiki disclose your personal information and other information collected as set forth in our PRIVACY POLICY).

    7. Furthermore, you fully understand and agree that:

    8. WizardWiki will have the right but not the obligation to resolve disputes between users relating to the Site and WizardWiki's resolution of a particular dispute does not a create an obligation to resolve any other dispute; and

    9. WizardWiki's resolution of a dispute will be final with respect to the Site.

  16. DISCLAIMER OF WARRANTIES

    Since operation and functionality of the Site depend on factors such as the type of hardware, software, or network you are using, there is a possibility that the Site may not work on your computer, be interrupted or have errors in its operation, or may interfere or even harm the operation of your computer; WizardWiki does not warrant the successful operation of the Site on your computer, and we are not liable for any such problems that result from your use of the Site.

    MOREOVER, THE SITE MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM WIZARDWIKI, ITS USERS AND OTHER WIZARD AND INFORMATION PROVIDERS. THESE WIZARDS ARE INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE THE SITE AND WIZARD AT YOUR OWN RISK. WE STRONGLY URGE YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE WIZARDS. THE SITE IS PROVIDED BY WIZARDWIKI ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WIZARDWIKI MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR WIZARD INCLUDED ON THE SITE. WIZARDWIKI MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WIZARDWIKI EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF WIZARD AND OTHER MATERIAL, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SITE. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.

    Without limiting any of the foregoing, WizardWiki makes the following specific disclaimers for the following categories of information:

    INVESTMENT & FINANCIAL INFORMATION: Wizards located on the Site should not be interpreted as financial or investment advice nor should it be interpreted as creating any kind of investment advisor or financial advisor relationship. You should NOT rely upon the financial and investment information or opinions provided herein and you should conduct your own independent research and consult with your personal investment advisor before making an investment or financial decision. You are solely responsible for any investment and financial decisions, omissions or actions you take. Neither WizardWiki, its parent, its affiliates, nor any of their respective agents, employees, information providers or Wizard providers shall have any liability for your financial/investment decisions based upon, or the results obtained from, the Wizards on the Site.

    MEDICAL & HEALTH INFORMATION: Wizards located on the Site should not be interpreted as medical or health advice. Wizards should not be used to diagnose, treat or cure any medical or health condition nor should it be interpreted as creating any kind of doctor-patient or health/medical advisor relationship. You should NOT rely upon the medical, health, dietary, nutritional or other professional information or opinions provided and you should always speak to your personal health care provider before beginning, changing or stopping any medication or any treatment for a health problem. You are solely responsible for any decisions, omissions or actions you take based on choosing to seek or not to seek professional medical care, or choosing or not choosing specific treatments. Neither WizardWiki, its parent, its affiliates, nor any of their respective agents, employees, information providers or Wizard providers shall have any liability for your medical, health, dietary or nutritional decisions based upon, or the results obtained from, the Wizard on the Site.

    LEGAL INFORMATION: Wizards located on the Site should not be interpreted as legal advice nor should it be interpreted as creating any kind of attorney-client or legal advisor relationship. You should NOT rely upon the legal information or opinions provided and you should consult with your personal legal advisor; this Site is not a substitute for an in-person consultation with an attorney, as the applicability of the legal principles discussed at this Website may differ substantially in individual situations or in different states or countries. You are solely responsible for any legal decisions or actions you take or omissions you commit. Neither WizardWiki, its parent, its affiliates, nor any of their respective agents, employees, information providers or Wizard providers shall have any liability for your legal decisions based upon, or the results obtained from, Wizards on the Site.

  17. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER WIZARDWIKI NOR WORDWARE PTY LTD, NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF WIZARDWIKI AND WORDWARE PTY LTD, AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.

  18. COPYRIGHT INFRINGEMENT

    WizardWiki respects the intellectual property rights of others and requests that the people who use the Site do the same. If you believe that your work has been reproduced and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:

    1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;

    2. identification of the copyrighted work that you claim has been infringed;

    3. identification of the material that is claimed to be infringing and information reasonably sufficient to permit WizardWiki to locate the material (for example, by providing a URL to the material);

    4. your name, address, telephone number, and email address;

    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

    6. a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.

    Our designated agent to receive notification of claimed infringement can be reached at:

      Attn:
    Wordware Pty Ltd
    1/321 Whitehorse Road
    Nunawading, Vic, Australia, 3131
    +61 (3) 9877 2080 (fax)
    copyright@gstepone.com

    It is our policy to terminate in appropriate circumstances any Account for repeated infringement of intellectual property rights, including copyrights, and we also reserve the right to terminate an Account for even one instance of infringement.

  19. CUSTOMER SUPPORT

    You acknowledge that we have no obligation to provide you with customer support of any kind. However, we may provide you with customer support from time to time, at our sole discretion, provided that you have created an Account and that you submit your customer support inquiries using such Account.

    NOTICES AND CONTACT INFORMATION

    Except as otherwise provided in these Terms, WizardWiki will give you any notices by posting them on the Site. You authorize WizardWiki to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if WizardWiki decides, in its sole discretion, to do so. Since notice of any material change to the Terms will be posted to the Site for at least 30 days, we encourage you to visit the Site at least that often. You agree to check the Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Site. WizardWiki may provide notice to any e-mail or other address that you provide during registration. You agree to keep your address current and that notice provided by WizardWiki to the address that you have most recently provided will constitute effective notice. We receive many emails and not all of our employees are trained to deal with every kind of communication. Therefore, with the exception of notices related to copyright infringement and removal of licensed material described in Clauses 17 and 5 above, respectively, you agree to send us any notice by mailing it to our address for Legal Notices which is:

      Attn:
    Wordware Pty Ltd
    1/321 Whitehorse Road
    Nunawading, Vic, Australia, 3131
    +61 (3) 9877 2080 (fax)

  20. ADDITIONAL TERMS

    1. Agreement to Conduct Transactions Electronically. You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.

    2. Compliance with Laws. You are responsible for compliance with applicable local laws, keeping in mind that access to Site Wizards by certain persons or in certain countries may not be legal.

    3. No Agency. No Third Party Beneficiary. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. Neither of us intends that any third party will be a beneficiary of or entitled to rely on any part of these

    4. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.

    5. No Assignment. These Terms (including terms incorporated into them, e.g., the PRIVACY POLICY and Supplemental Terms) are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of WizardWiki. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of WizardWiki will be null and void. WizardWiki shall have the right to transfer, assign and/or delegate these Terms to one or more third parties without your permission. If you participate in the WCP, any money you earn for posting Wizards (as described in Clause 6 hereof and in the Supplemental Terms) may not be assigned or transferred to, or pooled or bartered with, any third party, except with the express prior written consent of WizardWiki. We reserve the right to confiscate or cancel any of your earnings under the WCP for a violation of the foregoing restriction.

    6. Jurisdiction; Choice of Law; Export Limitations. This Site is controlled by us from our offices within Australia and is directed to Australian users. If you choose to access this Site from locations outside Australia, you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of Australian export laws and regulations or the Terms. These Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Site will be governed by the laws of the State of Victoria, Australia, without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and WizardWiki agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Victoria, Australia. Any disputes regarding such claims or arising under or related in any way to these Terms or the Site shall be heard exclusively in the appropriate forum in Victoria. You hereby consent to jurisdiction in a state or federal court sitting in the State of Victoria, Australia and waive any claim or defence that such forum is not convenient or proper, and consent to service of process by any means authorized by Victorian or Federal law.

    7. Limitations on Actions. Any action concerning any dispute you may have with respect to this Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.

    8. Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.

    9. Entire Agreement. These Terms (including terms incorporated into them, e.g., the PRIVACY POLICY and Supplemental Terms) comprise the entire agreement (the "Entire Agreement") between you and WizardWiki with respect to the use of the Site and supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.

    10. No Waiver. The failure of WizardWiki to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or WizardWiki's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.

  21. LEGAL NOTICES.

    Various laws require or allow us to give users of this Site certain notices and each of them is incorporated into these Terms. You may review these notices below:

    Notice of Availability of Filtering Software. All users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at Internet Industry Association Family Friendly Filters Program.

    Notice: No Harvesting or Dictionary Attacks Allowed. WIZARDWIKI WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY WIZARDWIKI TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED BY APPROPRIATE WIZARDWIKI PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY WIZARDWIKI, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO WIZARDWIKI COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE AUSTRALIAN GOVERNMENT "SPAM ACT OF 2003" ) THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.

    Notice Re Trademarks. The trademarks WizardWiki, Wordware Pty Ltd and all other trademarks listed below or used in the Site are owned or used under license by WizardWiki and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on this Site or in any Site Wizard. All rights are reserved.

    Notice Re Copyright Ownership. © 2009 Wordware Pty Ltd, All rights reserved. All Wizards on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. FURTHER INFORMATION. If you have a complaint, you may contact us at Legal Department, Wordware Pty Ltd, 1/321 Whitehorse Road, Nunawading, Vic, Australia, 3131.