ViewGuide Conditions of Use and Property Rights

 

 

 

 

Conditions of Use

Welcome to ViewGuide (formerly WikPik). ViewGuide provides its services to you subject to the following conditions. If you visit ViewGuide, you accept these conditions. Please read them carefully. In addition, when you use any current or future ViewGuide service you also will be subject to the guidelines and conditions applicable to such service or business.

 

Privacy

Please review our Privacy Notice, which also governs your visit to ViewGuide, to understand our practices.

 

Electronic Communications

When you visit ViewGuide or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of ViewGuide or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of ViewGuide and protected by U.S. and international copyright laws. All software used on this site is the property of WikPik or its software suppliers and protected by United States and international copyright laws.

 

Trademarks

ViewGuide, Tag Tree, WikPik, PerfectPiks, FreshPiks, ReviewPiks, TopPiks, Perfect Movie Recommendations, Trust Weighted Scoring, the ViewGuide searchlight quality icons, the ViewGuide logo, and the ViewGuide SAFER movie ontology are trademarks of WikPik, Inc. Other ViewGuide graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of WikPik, Inc. ViewGuide's trademarks and trade dress may not be used in connection with any product or service that is not ViewGuide's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ViewGuide. All other trademarks not owned by ViewGuide or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ViewGuide or its affiliates.

 

License and Site Access

ViewGuide grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ViewGuide. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ViewGuide. This license does not include any resale or commercial use of this site or its contents or any derivative use of this site or its contents.

  • Robots and Screen Scraping: You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this site, except with our express written consent as noted below.
  • Framing: You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ViewGuide and our affiliates without express written consent.
  • Meta Tags: You may not use any meta tags or any other "hidden text" utilizing WikPik's name or trademarks without the express written consent of ViewGuide. Any unauthorized use terminates the permission or license granted by ViewGuide.
  • Consent to Use Robots and Crawlers: We do allow the limited use of robots and crawlers, such as those from certain search engines.
  • Linking to WikPik: You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the ViewGuide site so long as the link does not portray ViewGuide in a false, misleading, derogatory, or otherwise offensive matter.

 

Your Account

If you have registered with ViewGuide, you are responsible for maintaining the confidentiality of log-in information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

 

Reviews, Comments, Communications, and Other Content

Members may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. ViewGuide reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

 

Your License to ViewGuide

If you do post content or submit material, and unless we indicate otherwise, you grant ViewGuide and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ViewGuide and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this site's policies and will not cause injury to any person or entity; and that you will indemnify ViewGuide or its affiliates for all claims resulting from content you supply. ViewGuide has the right but not the obligation to monitor and edit or remove any activity or content. ViewGuide takes no responsibility and assumes no liability for any content posted by you or any third party. If you would like to learn more about how we handle content that you submit, please review our Privacy Notice.

 

Copyright Complaints

WikPik and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please alert us at [email protected]

 

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY ViewGuide, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. ViewGuide MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. ViewGuide RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS SITE AT ANY TIME IN ITS DISCRETION.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,ViewGuide DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ViewGuide DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM WikPik ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ViewGuide WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

Applicable Law

By visiting ViewGuide, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ViewGuide or its affiliates.

 

Disputes

Any dispute relating in any way to your visit to ViewGuide shall be submitted to confidential arbitration in San Jose, California, except that, to the extent you have in any manner violated or threatened to violate ViewGuide's intellectual property rights, ViewGuide may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

Site Policies, Modification, and Severability

Please review our other policies. These policies also govern your visit to ViewGuide. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.