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Date of Last Revision: March, 2012
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Date of Last Revision: September, 2013
Welcome to Wikia (the “Service” or “Site”), operated by Wikia, Inc. (the "Company"). By accessing or using our web site, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), without regard as to whether you are a registered member of Wikia. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time and without further notice. It is your responsibility to regularly check this page to determine if there have been changes to these Terms of Use and to review such changes.
Welcome to Wikia (the “Service” or “Site”), operated by Wikia, Inc. (the "Company"). By accessing or using our web site, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), without regard as to whether you are a registered member of Wikia. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time and without further notice. It is your responsibility to regularly check this page to determine if there have been changes to these Terms of Use and to review such changes.
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PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING BUT NOT LIMITED TO LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING BUT NOT LIMITED TO LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
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These Terms of Use apply to members and non-members alike. In order to use the Service, you must accept these Terms of Use. You may do so by (a) registering for membership with the Service and/or Company or (b) by actually using the Service. You may not use the Service and may not accept the Terms of Use if (a) you are not of legal age to form a binding contract with the Company, or (b) you by law are barred from using the Service or accepting the Terms of Use.
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These Terms of Use apply to members and non-members alike. In order to use the Service, you must accept these Terms of Use. You may do so by (a) registering for membership with the Service and/or Company or (b) by actually using the Service.
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You confirm that you are of legal age to form a binding contract with the Company, or an emancipated minor, or have parental or legal guardian consent and are fully able and competent to enter into, and comply with, these Terms of Use. In any case, you confirm that you are over the age of 13, and acknowledge that the Service is not intended for children under 13 years of age. You may not use the Service and may not accept the Terms of Use if you by law are barred from using the Service or accepting the Terms of Use.
Membership
Membership
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User Conduct
User Conduct
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You agree not to use the Service to:
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You agree that you will not use the Service in any manner that is contrary to the Wikia Community Guidelines, which may be updated from time to time. Without limiting the foregoing, you also agree not to use the Service to:
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Abuse, harass, threaten, impersonate or intimidate other Wikia users;
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Abuse, harass, threaten or intimidate other Wikia users;
Post or transmit any content that is obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party, or content that contains homophobia, ethnic slurs, religious intolerance, or encourages criminal conduct;
Post or transmit any content that is obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party, or content that contains homophobia, ethnic slurs, religious intolerance, or encourages criminal conduct;
Attempt to impersonate another user or person;
Attempt to impersonate another user or person;
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Post advertisements or solicitations of business.
Post advertisements or solicitations of business.
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You further agree to:
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You further agree:
To only use the services in a manner consistent with these Terms of Use and in compliance with applicable laws and regulations;
To only use the services in a manner consistent with these Terms of Use and in compliance with applicable laws and regulations;
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Submitting Content to the Site and Copyrights
Submitting Content to the Site and Copyrights
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You are solely responsible for the content, including but not limited to photos, profiles information, messages, search results edits, and other content that you upload, publish or display (hereinafter, "submit") on or through the Service, or transmit to or share with other users. You may not submit content to the Service that you did not create or that you not have permission to submit. For submissions to search results pages, you may not submit content that is not compatible with the license used by the particular project of the Service. You understand and agree that the others may, but are not obligated to, edit, delete or remove (without notice) any content from the Service, for any reason or no reason. You also represent and warrant that you own or have the necessary licenses, rights, releases, consents, and permissions to direct the Company to copy, store, publish, display, and distribute your content via the Service.
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You agree that you will not use the Service in any manner that is contrary to the Wiki Creation Policy, currently found at http://www.wikia.com/Wiki_Creation_Policy, which may be updated from time to time.
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You are solely responsible for the content, including but not limited to photos, profiles information, messages, search results edits, and other content that you upload, publish or display (hereinafter, "submit") on or through the Service, or transmit to or share with other users. You may not submit content to the Service that you did not create or that you do not have permission to submit. For submissions to search results pages, you may not submit content that is not compatible with the license used by the particular project of the Service. You understand and agree that others may, but are not obligated to, edit, delete or remove (without notice) any content from the Service, for any reason or no reason. You also represent and warrant that you own or have the necessary licenses, rights, releases, consents, and permissions to (a) permit the Company to copy, store, publish, display, and distribute your content via the Service, and (b) license all text submissions by you pursuant to the applicable Licensing terms (for further information, see http://www.wikia.com/Licensing).
The Site is not and shall not function as an archive. We have no liability to you or any other person for loss, damage, or destruction to your content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any content you post or store on the Service or provide to us.
The Site is not and shall not function as an archive. We have no liability to you or any other person for loss, damage, or destruction to your content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any content you post or store on the Service or provide to us.
When you post content on the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the content on the Site.
When you post content on the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the content on the Site.
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Media Content
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The Service includes access to audio and/or visual content (including videos, photographs, music, graphics, logos, etc.), which has been licensed for use and exhibition herein from third parties (“Media Content”). Such Media Content may be accessible via a player embedded on the Site, which links to and plays content hosted on other sites or services (“Media Player”).
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Without limiting the application of any other terms of this Agreement, you also agree that you will not do, or attempt to do, any of the following:
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attempt to download, redistribute, alter, delete, or insert advertising or promotional materials within any Media Content or in connection with any Media Player;
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use any Media Content or Media Player for any purpose other than non-commercial, personal consumption and viewing such Media Content;
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attempt to circumvent, disable or otherwise interfere with security-related features of the Service or any Media Player, including any features that prevent or restrict use or copying of any Media Content;
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attempt to modify, enhance, edit, translate, adapt, alter, reverse engineer, decompile, disassemble, or create derivative works based upon any Media Player or Media Content;
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attempt to license, transfer, convey or assign to any third party any rights to use or exhibit any Media Player or Media Content , including to market, promote, display, re-distribute or re-transmit any Media Player or Media Content;
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reformat, optimize or customize any Media Player or Media Content for display, distribution or transmission via any platforms, protocols or delivery mechanisms other than as expressly permitted by and within the Services;
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Claims of Copyright Infringement
Claims of Copyright Infringement
For claims of copyright infringement, please contact our designated agent under the Digital Millennium Copyright Act:
For claims of copyright infringement, please contact our designated agent under the Digital Millennium Copyright Act:
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Bill Kaufmann
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Attn: Copyright Agent Wikia, Inc. 500 Third Street Suite 405 San Francisco, CA 94107
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Wikia, Inc.
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500 Third Street
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Suite 405
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San Francisco, CA 94107
You may email the designated agent via copyright@wikia.com. Please include "Claim of copyright infringement" in the subject of your email. For clarity, only DMCA notices should go to the Copyright Agent.
You may email the designated agent via copyright@wikia.com. Please include "Claim of copyright infringement" in the subject of your email. For clarity, only DMCA notices should go to the Copyright Agent.
Disclaimers and Limitation on Liability
Disclaimers and Limitation on Liability
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While we provide rules for user conduct and submissions, the Company does not control and is not responsible and is not liable in any manner for any content submitted to the service.
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While we provide policies and guidelines for user conduct and submissions, the Company does not control and is not responsible and is not liable in any manner for any content submitted to the service.
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The Company is not responsible for the content or conduct, whether online or offline, of any user of the Service. Further, you understand and acknowledge that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
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The Company is not responsible for the content or conduct, whether online or offline, of any user of the Service or any Media Content or other site or services that may be referenced, or linked to, in the Service. Further, you understand and acknowledge that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
The Service is provided "as-is" and "AS AVAILABLE". The Company disclaims any and all representations and warranties, whether express or implied. The Company does not and cannot guarantee any specific results from use of the Service. YOU ACKNOWLEDGE THAT YOU USE THIS SERVICE AT YOUR OWN RISK.
The Service is provided "as-is" and "AS AVAILABLE". The Company disclaims any and all representations and warranties, whether express or implied. The Company does not and cannot guarantee any specific results from use of the Service. YOU ACKNOWLEDGE THAT YOU USE THIS SERVICE AT YOUR OWN RISK.
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You agree to indemnify the Company, its directors, employees, owners, agents, and users from any liability from using this Service or its content or other materials thereon. In no event will the Company, its directors, employees, owners, agents, or users be liable to you or any third party for any indirect, incidental, consequential, special or punitive damages, including lost profit, goodwill, or other loss, be it tangible or intangible, arising from your use of this service or any content or other materials thereon, even if the Company has been advised or was otherwise aware of the possibility of such damage. Notwithstanding anything to the contrary contained herein, the Company's liability to you for any cause whatsoever, and regardless of the form of the action, will be at all times limited to the amount actually paid by you, if any, to use the service, not to exceed one-thousand United States dollars. You further acknowledge that if no fees are paid to the Company to use this Service, you are limited to injunctive relief only, and are not entitled to damages from the Company regardless of your cause of action.
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You agree to indemnify the Company, its directors, employees, owners, agents, and users from any liability resulting from your use of this Service or its content or other materials thereon. In no event will the Company, its directors, employees, owners, agents, or users be liable to you or any third party for any indirect, incidental, consequential, special or punitive damages, including lost profit, goodwill, or other loss, be it tangible or intangible, arising from your use of this service or any content or other materials thereon, even if the Company has been advised or was otherwise aware of the possibility of such damage. Notwithstanding anything to the contrary contained herein, the Company's liability to you for any cause whatsoever, and regardless of the form of the action, will be at all times limited to the amount actually paid by you, if any, to use the service, not to exceed one-thousand United States dollars. You further acknowledge that if no fees are paid to the Company to use this Service, you are limited to injunctive relief only, and are not entitled to damages from the Company regardless of your cause of action.
IN ADDITION, THE COMPANY DOES NOT REPRESENT OR WARRANT TO YOU THAT (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, BE THEY EXPRESS OR IMPLIED; (B) THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USER OF THE SERVICES WILL BE FREE OF ERROR, ACCURATE OR RELIABLE; (C) THAT ERRORS IN FUNCTIONALITY OR OPERATION OF THE SERVICES WILL BE CORRECTED.
IN ADDITION, THE COMPANY DOES NOT REPRESENT OR WARRANT TO YOU THAT (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, BE THEY EXPRESS OR IMPLIED; (B) THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USER OF THE SERVICES WILL BE FREE OF ERROR, ACCURATE OR RELIABLE; (C) THAT ERRORS IN FUNCTIONALITY OR OPERATION OF THE SERVICES WILL BE CORRECTED.
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Other Terms and Conditions
Other Terms and Conditions
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These Terms of Use constitute the whole agreement between you and Company regarding the use of the Service, and completely replace any prior agreements between you and Company relating to your use of the Service.
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These Terms of Use, together with the Privacy Policy, Licensing Terms, Wiki Creation Policy and Wikia Community Guidelines, as referenced herein constitute the whole agreement between you and Company regarding the use of the Service, and completely replace any prior agreements between you and Company relating to your use of the Service.
To the extent that a translation of these Terms of Use differ from the English language version, the English language version controls.
To the extent that a translation of these Terms of Use differ from the English language version, the English language version controls.