Dated May 11, 2016
Word of Mouth Inc. ("Word of Mouth") owns and runs various websites, including but not limited to realwordofmouth.com, through which it offers various services and software (the websites, services and software are referred to as the "Services").
3. USER ACCOUNT
You need to create an account and provide information about yourself in order to use some of the features on the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. There are two types of accounts:
4. RESTRICTIONS ON USE OF THE SERVICES
Content You Post to the Services
You may post and share comments and content with other users through the Services. By using the Services, you agree not to upload, post, transmit, cause the display or performance of, or otherwise make available any content that:
All messages, information, digital files or other materials, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you message, upload, post, cause the display or performance of, email, transmit or otherwise make available via the Services.
Word of Mouth reserves the right to, but has no obligation to, monitor or screen the content transmitted through, displayed or posted through the Services and to remove any content in its sole discretion. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU TRANSMIT, DISPLAY OR POST THROUGH THE SERVICES.
You agree that you will not, and will not assist or enable others to use the Services to do any of the following:
You agree that you will not, and will not assist or enable others to do any of the following to the Services:
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
To the extent that you use or connect to any third party messaging services and/or content delivery systems through the Services, you agree that you will comply with all terms and conditions of use for those services, including without limitation, the proper registration for, acquisition and use of a user name and password for such system.
You understand that the Services associated with a Personal Account are offered to the public free of charge. If you use the Services associated with a Personal Account to advertise products or services in any way other than pursuant to an Advertising Agreement executed by you and Word of Mouth ("Unauthorized Advertising"), Word of Mouth reserves the right to restrict your access to the Services and to contact you about using a Business Account for commercial use.
A. Responsibility for Your Content
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Word of Mouth.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
B. Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Word of Mouth and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
As between you and Word of Mouth, you own Your Content. We own the Word of Mouth Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Word of Mouth Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Word of Mouth Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Word of Mouth Content are retained by us.
Word of Mouth and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
E. Review Feeds
We make all visible public reviews ("Feed Content") available to Business Account holders via review widgets ("Feeds"). You may access and use the Feeds in order to display Feed Content on your website or blog ("Your Site"), provided that (i) your display of the Feed Content links back to the relevant pages on Word of Mouth's websites, and attributes Word of Mouth as the source of the Feed Content, (ii) your use or display of the Feed Content does not suggest that Word of Mouth promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iii) you do not redistribute the Feed Content, and (iv) your use of the Feeds does not overburden Word of Mouth's systems. Word of Mouth reserves all rights in the Feed Content and may terminate the Feeds at any time.
F. Using Reviews
Business Account holders may quote visible Word of Mouth reviews in marketing materials, provided that: (i) you only quote visible public reviews for your business, (ii) you do not edit the review by substituting or deleting words, (iii) you obtain permission from the reviewer, (iv) you provide attribution to the reviewer, and (v) you attribute Word of Mouth as the source of the review(s) using Word of Mouth logo guidelines.
User Content (including any that may have been created by users employed or contracted by Word of Mouth) does not necessarily reflect the opinion of Word of Mouth. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
6. NO RESPONSIBILITY FOR THIRD PARTY CONTENT OR ACTIONS
You understand that the Services, including Facebook Connect, act only as a technical interface between users and that Word of Mouth does not itself verify the qualifications of users and does not evaluate or control exchanges between users. Any opinions or statements expressed by a user are those of the user alone, and are not to be attributed to Word of Mouth. Word of Mouth cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, or legality of anything said, written, posted, displayed or otherwise made available by any user.
You understand that you may be exposed to content that you find offensive to you and that you use the Services at your own risk.
7. INTERSTATE AND INTERNATIONAL USE
You consent to the collection and processing of personal information in the United States regardless of where you are located. All users understand the potential cross-border nature of communications made using the Services and acknowledge that using the Services may result in interstate and international transmission of data.
8. LICENSE AND CONFIDENTIAL INFORMATION
By sending messages or posting information or content to the Services, you automatically grant, and you represent and warrant that you have the right to grant, to Word of Mouth an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
No information or content of any kind that you submit to Word of Mouth, upload, post, cause to be displayed or performed, transmit or otherwise make available using the Services shall be deemed confidential or secret information.
9. COPYRIGHT AND TRADEMARKS INFORMATIONCOPYRIGHT NOTICE: Copyright � 2016 Word of Mouth, Inc. All Rights Reserved.
In addition to any other use restrictions set forth in this Agreement, you may not engage in or facilitate the posting, modification, distribution, or reproduction of any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Word of Mouth to terminate all privileges of any user who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Company by the copyright owner or the copyright owner's legal agent.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
Notice should be provided:
By email: email@example.com (Attn: Copyright Agent).
With a copy by mail to: 1325 Howard Avenue #906, Burlingame, CA 94010 (Attn: Copyright Agent).
12. THIRD PARTY WEB SITES, SERVICES, AND CONTENT
The Services may contain links to third-party sites that are not under the control of Word of Mouth, and Word of Mouth is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that Word of Mouth endorses or accepts any responsibility for the content on any third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Word of Mouth is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on the Services.
In addition, links to advertising that has not been approved by Word of Mouth may be embedded in third party content displayed on the Services. Word of Mouth is not responsible for any content, cookies, or other technology used in connection with such advertising.
13. USE OF CONTENT
We may remove or reinstate User Content from time to time at our sole discretion. For example, we may remove a review if we believe it violates our content guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
Word of Mouth and its licensees may display advertisements and other information adjacent to or included with Your Content on the Services and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
If you make a payment on Word of Mouth, you agree to our Payments Terms.
15. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY; ABILITY TO CHANGE OR TERMINATE SERVICES
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, THE SERVICES AND ALL INFORMATION ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND AND Word of Mouth HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, Word of Mouth DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. Because some jurisdictions do not allow the exclusion of implied warranties, some of these exclusions may not apply to you. If any state or other jurisdiction does not allow the exclusion or warranties, then Word of Mouth's warranties shall be limited in those jurisdictions to the extent permitted by law.
IN NO EVENT SHALL Word of Mouth BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR INFORMATION AVAILABLE FROM THE SERVICES. If any state or other jurisdiction does not allow the exclusion or limitation of liability for damages, then Word of Mouth's liability shall be limited in those jurisdictions to the extent permitted by law.
Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the Services. The Services may contain technical inaccuracies or typographical errors. Word of Mouth assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions on the Services.
Word of Mouth may terminate or make changes to all or any portion of the Services, product offerings, and any other information and materials available on or through the Services and may delete any content that has been submitted to the Services at any time and without notice or liability.
17. SITE AVAILABILITY
We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
18. UNAUTHORIZED ACCESS
We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Services, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
19. SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
Any notices that we send to you by email will be sent to the email address you provided when you registered for an account or the email address in your profile.
22. GENERAL INFORMATION
23. COMMENTS AND QUESTIONS
If you have any comments or questions you may address them to the customer service department at Word of Mouth at the contact page, via mail addressed to Customer Service, Word of Mouth, Inc., 1325 Howard Avenue #906, Burlingame, CA 94010.