October 1, 2012
Changes to the Terms
WIREPOINTS reserves the right to change the Terms or modify any features of the Services at any time in its sole discretion. The most current version of the Terms will be posted here: http://www.wirepoints.com/?page_id=515 . Continuing to use the Services after changes are posted means that you accept the changes.
Compliance with Applicable Laws
When you access or use the Services, you are required to comply with all applicable laws and any other conditions or restrictions in any written or online notice from WIREPOINTS (including these Terms). As a condition of your access to and use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. The Services are offered for your personal and non-commercial use only, and WIREPOINTS does not grant you any express or implied rights to access or use the Services for any other purpose.
Without limiting the generality of the foregoing, you agree not to:
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
Interfere with any other users’ rights to privacy and publicity, including by harvesting or collecting information from or about users;
Upload or otherwise transmit any communication, software, or materials that contain a virus or is otherwise harmful to WIREPOINTS’s or its users’ computers or systems; or
Access the Services through any automated means, including “robots” and “spiders.”
Registration and Security
You may be asked to register for certain activities in connection with the Services. When you register, you agree to provide accurate, current and complete information about yourself as requested or directed on the Services and to promptly update this information to maintain its accuracy. WIREPOINTS has the right to suspend or terminate any account or other registration and to refuse any and all current or future use of the Services if it suspects that such information is inaccurate or incomplete. You are responsible for maintaining the confidentiality of any password and username you are given or select in connection with the Services, and you are responsible for all activities that occur under your password or account. You agree to immediately notify WIREPOINTS if you become aware of any unauthorized use of your password or username.
User Content and Communications
The Services may allow you to post content and communicate with others. These communications and content may include text, images, photographs, audio, video, or material in any other form (collectively, “User Submissions”). By submitting any User Submissions, you consent to the following rules:
You understand and agree that you are fully responsible for the content that you post. You may not post User Submissions that violate any law, or that otherwise may be objectionable or inappropriate. In particular, you may not submit, add, transmit, post, or provide content to, on, or through the Services that:
infringes on the copyright, trademark, patent or other intellectual property right of any third party;
is false, misleading, libelous, defamatory, obscene, abusive, hateful, or sexually-explicit;
violates a third party’s right to privacy or publicity;
degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
contains epithets or other language or material intended to intimidate or to incite violence; or
violates any applicable local, state, national, or international law.
You understand and agree that you may only post content that you own, or that you otherwise have the right to post. In addition, you must obtain all necessary permission from any individuals identified in or implicated by your submission (including those shown in photographic content), and, in the case of minors, also from their parents or legal guardians, as appropriate.
WIREPOINTS is not responsible for any User Submissions and has no duty to monitor the content posted on the Services. Nevertheless, WIREPOINTS may monitor, review, remove, reject, or revise at any time, without prior notice and in its sole discretion, User Submissions that violate the Terms, are otherwise objectionable, or for any other reason.
User Submissions may not contain any commercial material. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in the content you post.
You use and/or rely on any information contained in User Submissions at your own risk. WIREPOINTS is not in any manner endorsing the content that users post and cannot, and will not, vouch for its reliability.
You grant WIREPOINTS a license with respect to any User Submissions that you post, upload, add, communicate, store, or otherwise transmit on, to, or through the Services. That license is royalty-free, irrevocable, perpetual, non-exclusive, and fully sublicensable, and it allows WIREPOINTS to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed. WIREPOINTS may use User Submissions as part of the demonstration of what the Service is and how it works. You agree to the use of User Submissions for promotional and fundraising purposes.
If you would like any User Submissions removed from the site, you can file a formal request at any time by contacting email directed through the tool for communications and comments shown on the main page of www.wirepoints.com, or at our mailing address at 820 Lake Avenue, Wilmette, IL 60091.
In appropriate circumstances and at its discretion, WIREPOINTS may terminate the account of, or disable access to, users who fail to follow these rules.
Intellectual Property of WIREPOINTS and Its Licensors
The Services (including, but not limited to, text, images, photographs, graphics, user interface, screen shots, designs, and computer code, and the selection, coordination, and arrangement of such content) are protected under the copyright laws of the United States and other countries. All copyrights in the Services are owned by WIREPOINTS or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. Unless expressly permitted in writing, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way exploit any part of the Services, except that you may make use of the content for educational and non-commercial purposes only, provided that you maintain all copyright and other notices posted along with the content. To obtain written consent to use a copyrighted work, please contact Wirepoints though the tool for communication and comments shown on the homepage of www.wirepoints.com .
Trade and Service Mark Rights.
All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of WIREPOINTS products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to WIREPOINTS or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of WIREPOINTS, its affiliates, or any third party. To obtain written permission to use the trade and service mark rights of WIREPOINTS, please Wirepoints though the tool for communication and comments shown on the homepage of www.wirepoints.com.
Notice of Infringement
WIREPOINTS respects the intellectual property rights of others, and requests that users do the same. If you believe in good faith that your work has been reproduced or is accessible on the Services in a way that constitutes copyright infringement or that your intellectual property rights have otherwise been violated, please provide WIREPOINTS with the following information in writing, which you can do through email linked here or by mail to 820 Lake Avenue, Wilmette, IL 60091:
Identification of the copyrighted work or other intellectual property claimed to have been infringed;
Identification of the allegedly infringing material, reference, or link that is to be removed and information reasonably sufficient to permit WIREPOINTS to locate the material, reference, or link;
Your name, address and daytime telephone number, and an e-mail address if available, so that WIREPOINTS may contact you if necessary;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Third-Party Content and Links to Third-Party Websites
The Services may contain third-party owned content and advertisements (“Third-Party Content”) and links to other websites (“Linked Sites”). WIREPOINTS does not endorse, sponsor, recommend, or otherwise accept responsibility for any Third-Party Content or Linked Sites. You acknowledge that Third-Party Content and Linked Sites are not under the control of WIREPOINTS, and WIREPOINTS is not responsible for the content or privacy practices of the Third-Party Content or Linked Sites
Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS.” WIREPOINTS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SERVICES, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. WIREPOINTS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WIREPOINTS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY WIREPOINTS, AND (E) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY WIREPOINTS OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
WIREPOINTS MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (A) THAT THE INFORMATION PROVIDED THROUGH THE SERVICES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (B) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; OR (D) THAT THE CONTENT ON THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THESE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WIREPOINTS DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.
Limitation of Liability
IN NO EVENT WILL WIREPOINTS OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SERVICES, YOU RELEASE WIREPOINTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WIREPOINTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, WIREPOINTS’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WIREPOINTS DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONAL INFORMATION.
You agree to indemnify and hold harmless WIREPOINTS, and its directors, officers, managers, employees, and agents from and against any and all claims, losses, expenses, damages and costs (including reasonable attorneys’ fees) resulting from your violation of the Terms.
Arbitration of Claims
Any claim that you might have against WIREPOINTS must be resolved through binding arbitration before the American Arbitration Association using its Commercial Arbitration Rules and must be brought within one year of the claim arising. You understand and agree that you will arbitrate with WIREPOINTS in your individual capacity, not as a representative or member of a class. Your claim may not be joined with any the claim of any other person, and there shall not be authority for any dispute to be arbitrated on a class-action basis.
You understand and agree that unless you can demonstrate to WIREPOINTS that arbitration in Illinois would create an undue burden for you, any arbitration hearing will be held in Chicago, Illinois. If your claim is successful in arbitration, WIREPOINTS agrees to reimburse your reasonable attorneys’ fees and costs.
WIREPOINTS may terminate this agreement for any reason at any time. WIREPOINTS reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination.
The failure of WIREPOINTS to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
Your Relationship with WIREPOINTS. You agree that no joint venture, partnership, employment, or agency relationship exists between you and WIREPOINTS as a result of these Terms or your access to and use of the Services.
Choice of Law and Forum. These Terms are governed by, and must be construed in accordance with, the laws of Illinois. In the event WIREPOINTS brings a claim against you, you agree to submit to the exclusive jurisdiction of the federal or state courts located in Chicago, Illinois.
Integration and Severability. Unless otherwise specified herein, the Terms constitute the entire agreement between you and WIREPOINTS and govern your use of the Services. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
Effective October 1, 2012
Collection of Information.
Generally speaking, we collect or receive the following types of information when you use the WIREPOINTS Services:
Information You Provide Directly.
You may provide information directly to us in several different ways:
In order to use certain aspects of the WIREPOINTS Services, you must provide us with certain information about yourself, such as your name and contact information. For example, when you register for a contest or sign up to be a subcriber we may ask you to fill out an online form that requests your name, contact information and other information about you.
You may also provide information directly to us by participating in an online forum or commenting on content posted on the WIREPOINTS Services.
Information We Collect Automatically. We collect certain information about you and your computer automatically when you use the WIREPOINTS Services. Automatically collected information may include:
The type of Web browser and operating system you have used to access the WIREPOINTS Services;
Your IP address (which is a number automatically assigned to your computer when you access the Internet and can be used to derive your general geographic location);
The Web site you visited before you came to WIREPOINTS.com; and
Information about the content you view and the features you access on the WIREPOINTS Services that we collect using cookies, Web beacons, and similar technologies.
Information from Commercially Available Sources. We may receive additional information about you — such the websites you have visited — from sources such as data brokers, data cooperatives, and public databases.
Use of Information
We use the information we collect and receive for the following general purposes:
To provide you with the products, services, and information you request;
To analyze the overall use of the WIREPOINTS Services and their use by particular users in order to improve the Services;
To better understand your interests in order to provide you (and enable our partners to provide you) with special offers, promotional materials, relevant content and advertisements, and other materials;
For any other purpose disclosed to you at the time we collect your information, or otherwise with your consent.
Sharing of Information
We may share your information with the following entities:
Affiliates and Business Partners. WIREPOINTS may share your information with our affiliates — companies that control, are controlled by, or are under common control with, WIREPOINTS — as well as select business partners. These entities may use your information to make predictions about your interests and may provide you with special offers, promotional materials, advertisements and other materials.
Service Providers. We also may share your information with entities that provide services to us, including companies that provide business analytics, data processing, advertising and other services. We may enter agreements with companies that possess technology allowing us to customize the content and advertising you see when you use the WIREPOINTS Services.
Other Parties When Required by Law or as Necessary to Protect Our Services. There may be instances when we disclose your information to other parties in order to:
protect the legal rights of WIREPOINTS, its affiliates, and of the users of the WIREPOINTS Services;
protect the safety and security of users of the WIREPOINTS Services;
prevent fraud (or for risk management purposes); or
comply with or respond to the law or legal process or a request for cooperation by a government entity, whether or not legally required.
Other Parties in Connection With a Transfer of Assets. If we or an affiliate sell all or part of our business, or make a sale or transfer of assets, or are otherwise involved in a merger or business transfer, or in the unlikely event of bankruptcy, we may transfer your information to one or more third parties as part of that transaction.
Third-Party Content, Advertising and Other Functionality
Some of these third parties may participate in the Self-Regulatory Program for Online Behavioral Advertising, which offers a single location where users can make choices about the use of their information for ad targeting. To learn more, please click here www.aboutads.info/.
Protection of Information
We use reasonable physical, technical, and administrative measures to safeguard information in our possession against loss, theft and unauthorized use, disclosure, or modification. Please note, however, that no data transmission or storage can be guaranteed to be 100% secure. As a result, while we strive to protect the information we maintain, we cannot ensure or warrant the security of any information that you transmit to us.
We do not knowingly collect or store personal information about children under the age of 13. If we learn that we have collected personal information from a child under age 13, we will delete that information from our database.
The WIREPOINTS Services are intended for a U.S. audience. If you access the WIREPOINTS Services from outside the U.S., please be aware that information you provide to us or that we obtain as a result of your use of the WIREPOINTS Services may be processed and transferred to the U.S. and be subject to U.S. law. The privacy and data protection laws in the U.S. may not be equivalent to such laws in your country of residence. By using our website, participating in any of the WIREPOINTS Services, or by providing us with your information, you consent to the collection, transfer, storage, and processing of information to and in the U.S.
Your California Privacy Rights
If you are a California resident, California Civil Code § 1798.83 permits you to request information regarding the disclosure of your personal information to third parties for those parties’ direct marketing purposes. To make such as request, please send an email to WirePoints though the tool for communication and comments shown on the homepage of www.wirepoints.com. Please be sure that you reference “California Privacy Rights” in your communication.
Cookies, Web Beacons, and Similar Technologies
WIREPOINTS — as well as certain third party partners that provide content, advertising and other functionality on the WIREPOINTS Services — uses a variety of technologies to learn more about how people use the WIREPOINTS Services and the Internet. This section provides more information about some of those technologies and how they work.
Store your login or preference information;
Collect information about your browsing activities in order to provide you with more relevant content and ads, on and off the WIREPOINTS Services;. and
Relate the information automatically collected when you use the WIREPOINTS Services to information we obtain from you directly or from commercially available sources.
Other local storage.
We, along with third-party partners, use other kinds of local storage, such as Local Shared Objects (also referred to as “Flash cookies”) and HTML5 local storage, in connection with the WIREPOINTS Services. These technologies are similar to the cookies discussed above in that they are stored on your computer and can be used to store certain information about your activities and preferences. However, these objects are stored in different parts of your computer from ordinary browser cookies. Many Internet browsers allow you to disable HTML5 local storage or delete information contained in HTML5 local storage using browser controls. For information about disabling or deleting information contained in Local Shared Objects, please click here.
Web beacons. We, along with our third-party partners, may also use technologies called Web beacons that communicate information from your Internet browser to a web server. Web beacons can be embedded in web pages, videos, or emails, and can allow a web server to read certain types of information from your browser, check whether you have viewed a particular web page or email message, and determine, among other things, the time and date on which you viewed the Web beacon, the IP address of your computer, and the URL of the web page from which the Web beacon was viewed. We and our partners use Web beacons for a variety of purposes, including to analyze the use of the WIREPOINTS Services and in conjunction with cookies to provide content and ads that are more relevant to you.