TERMS OF SERVICE
- Acceptance of Terms
- Defined Terms
- Eligibility and Website Use
- Intellectual Property; Limited License
- Trademark Information
- License to WotWentWrong.com for User Content
- Digital Millennium Copyright Act
- Prohibited Communications
- User Conduct
- Users’ Relationship to WotWentWrong.com
- Online and Mobile Alerts
- Managing Content and Communications
- Site Advisors and Advice Provided on or Through the Site
- Warranties and Disclaimers
- Personal Information and Privacy
- Limitation of Liability
- Indemnity and Liability
- Your Safety
- Governing Law and Jurisdiction
1. ACCEPTANCE OF TERMS
2. DEFINED TERMS
All user supplied content, information, materials, files, communications, documents, text and images are referred to collectively as “User Content.” “WotWentWrong Content” means all Materials provided by us. User Content and WotWentWrong Content may have different restrictions and conditions associated with them. The terms and conditions expressed in this agreement apply to all users and visitors of this Site, and we may refer to all Site users as “you” or “your/s.”
3. ELIGIBILITY AND WEBSITE USE
You must be at least eighteen (18) years of age or have reached the age of majority in your jurisdiction to use the Site. If you are not at least 18 or have not otherwise reached the age of majority in your jurisdiction you may not use this Site. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
4. INTELLECTUAL PROPERTY; LIMITED LICENSE
In addition to the Materials and Services offered by us, this Site may also make available materials, information, products and/or services provided by third parties (collectively, the “Third Party Products and Services”). The Third Party Products and Services may be governed by separate license agreements that accompany such services. We offer no guarantees and assume no responsibility or liability of any type with respect to the Third Party Products and Services. You agree that you will not hold us responsible or liable with respect to the Third Party Products and Services or seek to do so.
Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the WotWentWrong Content and User Content available on this Site subject to the following conditions:
1. The WotWentWrong Content and User Content may be used solely for personal, informational, and internal purposes. You may not commercially exploit any of the Site content without express permission from us.
2. The WotWentWrong Content and User Content may not be modified or altered in any way except by the user who submitted such content or by us.
3. You may not remove any copyright or other proprietary notices contained in the WotWentWrong Content or User Content.
4. We reserve the right to revoke the authorization to view, download, and print the WotWentWrong Content and User Content available on this Site or any portion of it at any time, and any such use shall be discontinued immediately upon notice from us.
5. The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, download, and print the WotWentWrong Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
5. TRADEMARK INFORMATION
The trademarks, logos, and service marks, including the “WotWentWrong” trademark (the “Marks”) displayed on this Site are the property of WotWentWrong.com or other third parties. You are not permitted to use the Marks without the prior written consent of WotWentWrong.com or such third party that may own the Marks.
6. LICENSE TO WOTWENTWRONG.COM FOR USER CONTENT
Certain pages on the Site may accommodate or require User Content. By submitting User Content to any area of the Site you grant us the following type of license: For User Content that is the result of your efforts and which is intended to be displayed on the Site, you grant us a worldwide, royalty-free, non-exclusive license to modify and reproduce such User Content. You also grant us the right to distribute and publicly display and perform such User Content on the Site for the purpose for which such User Content was submitted to the Site. Likewise, you grant us a worldwide, perpetual, royalty-free, non-exclusive license to modify, compile, reproduce, sell, license and distribute such User Content. You understand that we will have the right to use, reproduce, sell, sublicense and generally monetize the User Content you upload to the Site, and you expressly agree to such use by us with no compensation or royalties to you. You agree that you will not submit any User Content to the Site that is in any manner infringing. Before submitting content or links from other websites you agree to review such sites’ terms and conditions to ensure that your activity on our Site does not violate such terms.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT WE RESERVE THE RIGHT TO USE FOR PUBLICITY PURPOSES OR OTHERWISE ANY CONTENT, IN WHOLE OR IN PART, FROM YOUR PRIVATE COMMUNICATIONS WITH OTHER SITE USERS OR WITH FORMER DATES WHICH ARE MADE THROUGH THE SITE, PROVIDED, HOWEVER, THAT WE DO NOT DISCLOSE EITHER YOUR NAME OR THE NAME OF THE OTHER PARTY OR PARTIES TO THE COMMUNICATION.
7. DIGITAL MILLENNIUM COPYRIGHT ACT
Our Site is committed to complying with U.S. copyright laws. The Digital Millennium Copyright Act (“DMCA”) provides a recourse for owners of copyrighted material who believe that their rights under U.S. copyright laws have been infringed on the Internet. Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements of their protected works appearing on web pages hosted by the service provider. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, our Site will remove or block access to the allegedly infringing material, and may terminate the user’s account as provided in this Agreement. If a person believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counter-notice to us. In any event, we shall not be made a party to disputes over alleged copyright infringement.
If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send the notification to Support@WotWentWrong.com.
8. PROHIBITED COMMUNICATIONS
You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. As outlined in more detail below, you are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, (including any offensive language or suggestive content, as determined by us), defamatory, obscene, or pornographic materials, including any nude photographs or images, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site. Furthermore, if legal action is taken against us for your violations of these terms we will hold you liable for our losses resulting from your violation of these provisions or of federal, state or local law, and you agree to fully indemnify us and to compensate us for any such losses and related legal costs incurred in defending ourselves because of your violation of this Agreement.
More specifically, you understand that you are entirely responsible for the content of, and any harm resulting from, your postings to the Site (your User Content). When you create or make available your User Content, you thereby represent and warrant that:
(a) the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your User Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights of any third party;
(b) you have fully complied with any third-party licenses relating to your User Content, and have done all things necessary to successfully pass through to viewers any required terms;
(c) your User Content does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
(d) your User Content is not obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, libelous or slanderous, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
(e) your User Content does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors;
(f) your User Content does not violate any state or federal law designed to regulate electronic advertising;
(g) your User Content does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code designed to enable you or others to gather information about or monitor the online or other activities of another party;
(h) your User Content does not contain any defamatory material;
(i) your User Content does not inundate the website with communications or other traffic suggesting no serious intent to use the website for its stated purpose; and
(j) your User Content does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.
9. USER CONDUCT & PROHIBITED ACTIVITIES
You may not access or use the Site for any other purpose other than that for which we make it available. In using the Site, including all Services and Materials available through it, you agree to not engage in any prohibited activities. Prohibited activity includes, but is not limited to:
(a) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, harassment, stalking, spamming, or copyright infringement;
(b) advertising to, or solicitation of, any user to buy or sell any products or services, other than Adviser services which may be offered through the Site;
(c) transmitting junk email to other users, other than transmissions expressly permitted on the Site;
(d) using any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
(e) engaging in any automated use of the system, such as using scripts to send comments or messages;
(f) interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site;
(g) attempting to impersonate another user or person;
(h) using the username of another user;
(i) selling or otherwise transferring your profile;
(j) using any information obtained from the website in order to harass, abuse, or harm another person;
(k) disrupting or interfering with the security of, or otherwise causing harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site; and
(l) using the website in a manner inconsistent with any and all applicable laws and regulations.
Except as expressly permitted under the terms of this Agreement, the Materials and Services are for the personal use of users only and may not be used in connection with any commercial endeavors. You shall not do the following without our express written consent: (a) make any unauthorized use of the Materials and Services, including collecting usernames and contact information of users by electronic or other means for the purpose of sending unsolicited email; and (b) engage in unauthorized framing of or linking to the website.
10. USERS’ RELATIONSHIP TO WOTWENTWRONG.COM
11. ONLINE AND MOBILE ALERTS
Email or SMS mobile alerts and requests for feedback will be sent to the email addresses and phone numbers you provide to us. You understand that we provide the recipient of such a mobile or email message with an option to unsubscribe from our services. If a recipient unsubscribes you will be unable to send such a recipient a message or alert through the Site, and you will not hold us responsible for such failure.
12. MANAGING CONTENT AND COMMUNICATIONS
WotWentWrong reserves the right but does not have the obligation to: (a) monitor the Site for violations of this Agreement; (b) take appropriate legal action against anyone who, in our sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities; (c) in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s User Content or any portion thereof that may violate this Agreement or any WotWentWrong policy; (d) in our sole discretion and without limitation, notice or liability to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; (e) terminate and delete the accounts and profiles of repeat infringers; and (f) to otherwise manage the Site in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the website. We make no representation that we will keep or save your User Content or your profile/account content; all such content may be deleted by us in our sole discretion without any liability to you. In addition, to the maximum extent permitted by law, we will have no liability related to User Content. We disclaim all liability with respect to the misuse, loss, modification, or unavailaibity of any User Content.
To the maximum extent permitted by law, we will have no liability related to User Content. We disclaim all liability with respect to the misuse, loss, modification, or unavailability of any User Content.
13. SITE ADVISORS AND ADVICE PROVIDED ON OR THROUGH THE SITE
The Site may allow users to post relationship questions and requests for advice, and allows other users to respond to these questions and requests for advice. You understand that, unless you engage the services of an Advisor and communicate directly with him or her, all such questions, requests for advice, answers and advice provided are made public and are visible to other Site users, and you should therefore use great discretion in the content of your posts, including avoiding information that identifies particular individuals.
You understand that the term “Advisor” as used in connection with Site users who offer their advice and services does not represent specific qualifications or expertise in the field of relationships, and WotWentWrong does not verify stated qualifications of any user. Site users may acquire an “Advisor” designation merely through positive feedback such user receives for providing past answers and advice to Site users. You agree that “Advisors” are not professionals and are not necessarily qualified to provide relationship advice to you. You therefore agree that you have no expectation of receiving professional advice from or through the Site and instead are engaging an Advisor for entertainment purposes only. WotWentWrong does not screen its users or verify qualifications or identities, and we disclaim any liability with respect to advice obtained from Site users, irrespective of such users’ designation as an Advisor on the Site.
As noted above, the Site may accommodate the provision of Advisor services, through which users may select and engage particular Advisors through the Site. This allows users to communicate directly and privately with an Advisor of the user’s choice. Advisors may have varying terms relating to pricing and it is therefore important to review the pricing terms before engaging any Advisor. You agree that by engaging an Advisor through the Site you are not contracting for a particular outcome and that such engagement is for entertainment purposes only, and that the only thing you are contracting for is the Advisor’s time; that is, the only “deliverable” contracted for is the Advisor’s time. There are absolutely no representations made with respect to advice quality or user satisfaction.
Both the users and Advisors understand that we take a flat percentage of the Advisor’s fee, as more specifically provided on the Site.
The Site allows certain users to apply for “Advisor” status, and enable such user to post his or her advice in response to relationship questions or requests for advice. An Advisor may also offer his or her advice services through the Site, enabling Site users to communicate directly and privately with the Advisor through the Site. As an Advisor, you agree:
(a) that you do not represent us in any manner and you agree to not make any suggestion, explicit or implied, that your services are associated with us;
(b) to comply with all applicable state, federal and international laws, and that you will be solely and exclusively liable for complying with all such applicable state, federal and international laws;
(c) to WotWentWrong’s payment terms, including our fee which will be taken as a percentage of your fee;
When a user engages an Advisor and agrees to pay for the Advisor’s time on a call or through other direct means of communication, the user and Advisor each acknowledges and agrees that their relationship is that of independent contractors. The Advisor shall perform his or her services as an independent contractor and nothing in this Agreement shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between the Advisor and user or between WotWentWrong and any Advisor or user.
Taxes and Reporting
Each Site user is solely responsible for satisfying any income tax, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, and all other requirements applicable to the purchase and sale of services from and by independent contractors.
WotWentWrong not a Party to Engagement of Advisor by User
Users and Advisors understand and agree that WotWentWrong is not a party to their arrangements. Except as provided otherwise, such engagements are made solely between the user and Advisor, and WotWentWrong serves only as a platform through which such services may be rendered. Each of the parties is solely responsible for its conduct, and each agrees that WotWentWrong cannot be liable for any dispute that arises between the user and Advisor.
WotWentWrong a Third Party Beneficiary
To the extent that certain provisions in this Agreement are terms between a user and Advisor, the parties appoint WotWentWrong a third-party beneficiary of these terms for purposes of enforcing the obligations owed to, and the benefits conferred on, WotWentWrong by such provisions. The parties further agree that WotWentWrong has the right, but not the obligation, to take action, including without limitation suspension, termination, or legal actions, as WotWentWrong in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Site.
14. WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND US, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES AND MATERIALS, INCLUDING ADVICE OBTAINED FROM ADVISERS, WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (IV) THE QUALITY OF ANY SERVICES OR MATERIALS OBTAINED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES OR MATERIALS OBTAINED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.
You understand and acknowledge that (i) We do not control, endorse, or accept responsibility for any content, products, or services offered by users through the Site, including but not limited to Adviser services which may be obtained through the Site; (ii) we make no representations or warranties whatsoever about the integrity of any user or Adviser on the Site; (iii) any dealings you may have with another user or Adviser on, through or as a result of the Site is at your own risk; and (iv) we do not perform any background checks or perform verifications in connection with user and Adviser identifies and backgrounds, nor do we screen any of our users or Advisers. We advise you to use your discretion when dealing with other users and use common sense in your interaction with them, including remaining in public, busy areas as often as possible if meeting face-to-face. We will not be responsible for any bodily injury caused by another user of the Site to you, including but not limited to, rape and attempted rape. Any dealings you have with another Site user is done at your own risk.
All Materials and Services offered through the Site are for entertainment purposes only. The accuracy of advice and resources identified are not warranted or guaranteed, or intended to substitute for professional medical or psychotherapeutic advice, to contradict medical or psychotherapeutic advice given, or for medical or psychological care of any kind.
Advice obtained on or through the Site is not to be construed as either diagnosis or psychological treatment. This Site may not be used as a supplement or alternative for health care or professional consultation, and is not intended and does not warrant or guarantee the quality or quantity of any advice obtained on or through the Site; further, the information provided on the Site is merely for entertainment and/or educational purposes, and its accuracy is not guaranteed. Please do not use this site as a substitute for your medical or psychological care. Please consult with your physician, psychologist or other therapeutic care provider regarding any medical or psychological questions you may have. This site may not be used for medical or psychological diagnosis or treatment. Do not use this site to disregard any medical or psychological advice, or delay seeking medical or psychological advice, because of something you hear, read or see in this site.
IF YOU ARE CONTEMPLATING SUICIDE OR FEEL LIKE HURTING SOMEONE, PLEASE LOG OFF NOW AND TELEPHONE POLICE, EMERGENCY MEDICAL SERVICES OR A CRISIS CENTER IMMEDIATELY.
Use of Information and Resources:
WotWentWrong.com makes informational articles, advice, merchant offers, television and video show information and video clips available for the sole purposes of providing general entertainment and/or education. You understand and agree that neither WotWentWrong.com nor Advisors are responsible or liable for any claim, loss, or damage, of any kind, directly or indirectly resulting from your use of this Site or the information, advice, or the resources contained on or accessible through it.
WotWentWrong.com makes no guarantees about, and disclaims any express or implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the advice, information or the resources given by the Advisors on this Site. All information in any WotWentWrong.com site, or associated or linked site, is extracted, read, used, or relied upon by you at your own risk.
14. PERSONAL INFORMATION AND PRIVACY
15. LIMITATION OF LIABILITY
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WOTWENTWRONG RESERVES THE RIGHT TO, IN ITS SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THE SITE TO, ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
In no event, including, without limitation, negligence, shall WotWentWrong.com, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not WotWentWrong has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any user or third party on or through the Site, any dealings with users (including any physical or emotional harm or death that is caused by a Site user in a face-to-face meeting), any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.
16. INDEMNITY AND LIABILITY
17. YOUR SAFETY
Please consider the following points if and when meeting another Site user in person:
(A) Anyone who is able to commit identity theft can also falsify a dating profile.
(B) There is no substitute for acting with caution when communicating with any stranger who wants to meet you.
(C) Never include your last name, e-mail address, home address, phone number, place of work, or any other identifying information in your profile or initial e-mail messages. Stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it.
(D) If you choose to have a face-to-face meeting with another user always tell someone in your family or a friend where you are going and when you will return. Never agree to be picked up at your home. Always provide your own transportation to and from your date and meet in a public place with many people around.
(E) WE DO NOT CONDUCT ANY CRIMINAL BACKGROUND SCREENINGS FOR USERS.
18. GOVERNING LAW AND JURISDICTION
This Agreement is governed in all respects by the laws of the State of California without regard to conflict of laws provisions. BY ACCEPTING THIS AGREEMENT AND USING THE SITE, YOU ACCEPT AND CONSENT TO THE PERSONAL JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS IN SAN FRANCISCO, CALIFORNIA.
Notwithstanding any contrary provision contained herein, any controversy or claim arising out of or relating to this Agreement, the Services, or the Site or your use of the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by California law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction in San Francisco, California, as necessary to protect the party’s rights or property pending the completion of arbitration.