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This is a short, plain english summary of our terms of service. We are providing this for your convenience only. By using our service you are still bound by the full legal terms below. If you disagree with our terms, you cannot use our service. By creating an account you have automatically agreed to our rules and you are now legally required to respect them or stop using Wireclub immediately.
If some of our terms seem to be a bit harsh it is because we have decided to be upfront and honest with you instead of hiding behind hard-to-understand legalese like many other sites do.
Things that will get a user banned:
Wireclub Media Inc. (“Wireclub”) is the exclusive owner and operator of Wireclub.com (the website).
As used in this Agreement, "we" and "us" means Wireclub or any successor of Wireclub.
“Service(s)” refers to your use of Wireclub.com for any purpose whatsoever.
“Account” refers to a specific set of log in credentials and all the information associated with it.
PRIVACY OF INFORMATION
The Personal Information Protection Act (“the Act”) regulates the way private sector organizations within British Columbia, Canada collect, use, keep, secure and disclose personal information. “Personal Information” means all information about an identifiable individual.
Wireclub collects personal information from you in order to create your online profile. Wireclub will not use or disclose your personal information for purposes other than those described in this policy.
Wireclub may also use third-party companies to provide various optional services when you use this website. If you use those services, the IP address of the computer you are using to access the website may be disclosed to those third-party companies, and we may use attributes that you provide in your public profile to display relevant ads to you. Wireclub is not responsible for the privacy practices of these third-party companies or any other external websites linked from/to our website.
If you have any questions with respect to our policies concerning the handling of your personal information, or if you wish to request access to, or correction of, your personal information under our care and control, please contact us at: firstname.lastname@example.org.
By using this Service you acknowledge that:
a. We cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties;
b. We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service; and
c. We cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee nor assume any responsibility for verifying the accuracy of the information provided by other users of the Service.
d. We cannot assume any responsibility for the accuracy or content of the profile of any user of the Service.
You may not use the Service for any unlawful purpose. If you use this service unlawfully we will pass along all information to law enforcement. We may refuse to grant you a username that impersonates someone else, is protected by trade-mark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
This Agreement constitutes your agreement with Wireclub with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain a user of the Service.
RIGHT TO USE
Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.
CODE OF CONDUCT
You agree to use the Service in accordance with the following Code of Conduct:
a. You will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;
b. You will not use the Service to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures or recordings which contain libellous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language;
c. You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;
d. You will not submit any kind of material or information that is fraudulent or otherwise unlawful or violates any law;
e. You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
f. You will not use the Service to distribute, promote or otherwise publish any kind of malicious code or do anything else that might cause harm to the Service or to other members' systems in any way.
g. You will not post or transmit in any manner any contact information including, but not limited to, email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information.
RESTRICTIONS TO THE USE OF THE SERVICE
The following restrictions apply to the use of the Service:
a. You shall not create an Account or access the Service if you are under the age of 13;
b. You shall not have more than one Account at any given time;
c. You shall not create an Account using a false identity or information, or on behalf of someone other than yourself;
d. You shall not create an Account or use the Service if you are a convicted sex offender;
e. You shall not have an Account or use the Service if you have been previously removed by Wireclub staff or moderators;
f. You shall not use your Account for commercial purposes;
g. You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;
h. You shall not use your Account to engage in any illegal conduct;
i. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items (Badges, Credits, etc) associated with your Account to a third party without Wireclub’s explicit permission;
j. You shall not access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator;
l. You shall not allow anyone other than the original Account creator gain access to the Service using the Account;
m. You shall accept full responsibility for any unauthorized use of the Service by third parties in connection with your Account.
You will be solely responsible for anything and everything you submit to the Service. We cannot assume any responsibility or liability over any material or content published by you or other users on the Service. The responsibility over any published material or content lies solely on the user that submitted it to the Service.
MONITORING OF INFORMATION
We reserve the right to monitor anything and everything submitted by you to the service to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time.
REMOVAL OF INFORMATION
While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any other applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service.
TERMINATION OF ACCESS TO SERVICE
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.
The Service contains information which is proprietary to us, our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express written permission of the owner of such information.
You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension.
OWNERSHIP OF USER CONTRIBUTED CONTENT, VIRTUAL ITEMS AND CREDITS
Wireclub owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items (Badges, Credits, etc), whether “earned” in a game or “purchased” from Wireclub, or any other attributes associated with an Account or stored on the Service.
Wireclub prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Service. Accordingly, you may not sublicense, trade, sell or attempt to sell in-Service Virtual Items for monetary instruments of any sort ("real" money), or exchange Virtual Items for value of any kind inside or outside of the Service. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
Your account is private and should not be used by anyone other than you. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third-party.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT YOU USE WIRECLUB.COM AND ITS RELATED SERVICES AT YOUR OWN RISK. WIRECLUB’S SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW.
YOU ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY WIRECLUB, OUR PARTNERS OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL WIRECLUB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY WIRECLUB AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE WIRECLUB SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE WIRECLUB.COM WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER WIRECLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF $10.00 CANADIAN DOLLARS.
You hereby agree to indemnify, defend and hold harmless Wireclub and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Wireclub reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
CHANGES TO THE AGREEMENT
We reserve the right, at any time, to change or modify the terms and conditions applicable to your subscription. Such changes will become effective upon its publication on the Wireclub.com website. Your continued use of our service after being notified of such changes shall be deemed to constitute acceptance by you of any such changes, modifications, additions or deletions.
You agree to review this Agreement periodically to be aware of any such revisions.
This Agreement represents the entire agreement between you and Wireclub regarding the use of our services and supersedes any other agreement or understanding on the subject matter. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the Province of British Columbia, Canada. As a condition of using Wireclub.com’s services, each user agrees that any and all disputes and causes of action arising out of or connected with Wireclub.com, shall be resolved through arbitration, with such arbitration to be held in Vancouver, British Columbia, Canada.
Additionally, except where prohibited by law, as a condition of using Wireclub.com services, you agree that any and all disputes and causes of action arising out of or connected to our services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of Wireclub.com must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. This Agreement is not assignable, transferable or sublicensable without the prior written consent of Wireclub. Wireclub may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.
DISCLOSURE AND OTHER COMMUNICATION
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any Wireclub related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.