Last Updated: December 15, 2009
Wired Reality provides a variety of chat based services through this website and our other affiliated chat-based websites
and will post any revisions on the Wired Reality Websites. Your continued use is subject to all such revisions.
Wired Reality Websites are not intended for children under 13. If you are between 13 and 17, you may, with you parent or
legal guardian’s consent, our non-adult websites, provided your parent or legal guardian assumes all responsibility and legal
liability for the conduct of the minor.
Adult websites are intended for persons 18 and over and all minors are strictly prohibited.
We may suspend your access to Wired Reality Websites for failure to comply with this section.
We do not claim ownership of any content (e.g. text, images, etc.) of any kind posted on Wired Reality Websites (“Content”).
Wired Reality Websites are passive conduits of Content and you are responsible any third party licenses or other permissions
related to your Content.
By posting Contest on Wired Reality Websites, you grant us a royalty-free, sublicensable, worldwide license to use, distribute,
modify, adapt, store, publicly display, reproduce, host, cache, reformat, translate and encode your Content in perpetuity.
THIRD PARTY CONDUCT
By using Wired Reality Websites, you may be exposed to Content that is offensive, indecent or objectionable. Additionally, by
using the Wired Reality Websites, you understand that there are risks inherent in using internet chat services such as third
parties impersonating someone they are not, or third parties contacting if you post “Personally Identifiable Information”
(e.g. name, address, phone, number or e-mail address.). If you post Personally Identifiable Information, third parties may
attempt to contact, solicit or harm you. By using the Wired Reality Websites, you acknowledge and agree that posting
Personally Identifiable Information is done at your own risk.
You may not use the Wired Reality Websites to:
Additionally, you may not attempt to override or circumvent any security measures of Wired Reality Websites or our third party
- upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, including, but not limited to, a Wired Reality official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, e-mail, transmit or otherwise make available any Content that: (a) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or (b) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Wired Reality Websites, our servers or networks (e.g. “Flooding”);
- intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;
- advertise commercial activities and/or sales without our prior written consent such as contests, sweepstakes, advertising, or pyramid schemes;
- "stalk", harass or otherwise advocate the stalking or harassing of another person;
- post Personally Identifiable Information of any third party; or
- collect or store Personally Identifiable Information about other users in connection with the prohibited conduct and activities set forth in paragraphs a through l above;
Wired Reality Websites may be accessible via a mobile device. Wired Reality does not charge a fee for this, but your mobile
device carrier fees may still apply. Further, downloading, installing, or using certain portions of the Wired Reality Websites
may be prohibited or restricted by your mobile device carrier, and not all features may function properly with all carriers,
devices or software. We recommend you check with your mobile device carrier to find out what restrictions, if any, may be
applicable to your mobile service.
The Wired Reality Websites may contain links to other websites. Wired Reality does not monitor or check the accuracy of such
third party materials and accordingly, Wired Reality has no control over such third party sites and resources. Wired Reality
is: (a) not responsible for the availability of such external sites or resources; and (b) does not endorse and is not
responsible or liable for any advertising, products or other materials on or available from such third parties. If you
decided to access a third party link, you do so at your own risk. You should review any terms and conditions and privacy
polices prior to navigating to such third party site from the Service.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Wired
Reality Websites, 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 advertiser. Wired Reality shall not be
responsible or liable for any loss or damage incurred by you.
CONTRIBUTIONS TO WIRED REALITY
We do does not accept unsolicited feedback, ideas, documents, suggestions or other information (“Contributions”) about our
products and services. We shall be free to use any Contributions provided by you for any purpose, such as improving our products
and services and creating derivative technologies based upon such Contributions. All Contributions are provided voluntarily and
free of any third party rights or encumbrances.
NO RESALE OF SERVICE
You shall not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the
Wired Reality Websites.
MODIFICATIONS TO THE WIRED REALITY WEBSITES
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Wired Reality Websites.
We may terminate or suspend your access to the Wired Realty Websites for violating this TOU.
Wired Reality and any trademarks associated with the Wired Reality Websites are the property of Wired Reality (“Wired Reality
Marks”). In no event shall any Wired Reality Marks be deemed sold or assigned to you as a result of your acceptance of this
TOU or by your use of the Wired Reality Websites. Any and all rights not expressly granted herein are reserved.
You are solely responsible for your interactions with other users of the Wired Reality Websites. We reserve the right, but
have no obligation, to monitor disputes between you and other users.
You represent and warrant that you have full authority to enter into and accept this TOU and grant the rights and licenses
herein. With respect to Content, you represent and warrant that no Content submitted or otherwise uploaded, posted,
transmitted, or shared by you on or through the Wired Reality Websites will violate or infringe the intellectual property
rights of any third party. You shall defend, indemnify and hold Wired Reality, its subsidiaries, affiliates, officers,
agents, employees, partners and licensors (collectively, the “Wired Reality Entities”) harmless against any and all third
party claims, damages, costs and expenses (including reasonable attorneys’ fees and litigation expenses) arising out of or
in connection with your breach of the warranties set forth herein.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE WIRED REALITY WEBSITES IS AT YOUR SOLE RISK. THE WIRED REALITY ENTITIES MAKE NO REPRESENTATION, WARRANTY,
OR GUARANTEE OF THE SUITABILITY OF THE SERVICE OR THAT THE SERVICE SHALL BE SECURE, UNINTERRUPTED, ERROR-FREE, OR SHALL
FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA. THE WIRED REALITY
WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW. WIRED REALITY WEBSITES MAY BE SUBJECT TO INTERRUPTION, LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE
OF INTERNET APPLICATIONS AND ELECTRONIC COMMUNICATIONS AND WE ARE NOT RESPONSIBLE FOR ANY SUCH DELAYS, DELIVERY FAILURES,
OR ANY OTHER DAMAGE RESULTING FROM EVENTS BEYOND WIRED REALITY’S REASONABLE CONTROL. FURTHER, THE WIRED REALITY ENTITIES
MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE IN REGARDS TO ANY PRODUCTS, SERVICE, INFORMATION OR OTHER MATERIAL PURCHASED,
DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE SERVICE FROM A THIRD PARTY. THIS INCLUDES ANY APPLICATION, CONTENT,
OR LINK PROVIDED BY A THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE WIRED REALITY ENTITIES BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, GOODWILL, DATA, UNAUTHORIZED USE OF YOUR PASSWORD OR
USER ACCOUNT, BREACH OF USER ACCOUNT SECURITY, TERMINATION OF USER ACCOUNT OR OTHER PECUNIARY LOSS) ARISING OUT OF
THIS TOU OR THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WIRED REALITY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. YOUR EXCLUSIVE REMEDY AND WIRED REALITY’S TOTAL AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, IN
CONNECTION WITH, OR INCIDENTAL TO THIS TOU FOR ANY REASON SHALL BE LIMITED TO THE ACTUAL DIRECT DAMAGES INCURRED BY
YOU, UP TO ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE
FOR ANY REASON INCLUDING, WITHOUT LIMITATION, PERSONAL HARM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS MAY NOT APPLY TO YOU.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON
A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS
EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC
CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT
YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE
OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
We respect your intellectual property rights regarding Content. If you believe your intellectual property rights have be
infringed by a third party using the Wired Reality Websites, please review our Copyright Notification Policy located here
CHOICE OF LAW; ARBITRATION
This Agreement shall be governed by and construed under the laws of the State of Washington without regard to its conflict
of laws principles. Any dispute, controversy or claim arising out of or in connection with or otherwise relating to this
TOU or any breach or alleged breach hereof shall, upon the request of any party involved, be submitted to and settled by
arbitration in or around the City of Seattle in the State of Washington pursuant to the commercial arbitration rules then
in effect of the American Arbitration Association; provided, however, that said rules shall be modified as follows: (a)
there shall be only one arbitrator, which shall be chosen by an independent third party mutually acceptable to both parties;
(b) the arbitrator shall reasonably mitigate all costs of the arbitration; (c) the arbitration shall not exceed a total of
ten (10) hours total; (d) the parties may discover each other’s documents in accordance with the Washington State Rules of
Civil Procedure, however, no forms of discover including the taking of depositions shall be permitted; and (e) the prevailing
party in any arbitration brought under this Agreement shall be entitled to recover from the other party its reasonable attorney’s fees and costs, which fees and costs shall be
included in and become part of the arbitration award. Any award rendered shall be final and conclusive upon the parties
and a judgment thereon may be entered in the highest court of the forum, state or federal, having jurisdiction.