This Terms of Use Agreement (“Agreement”) relates to all of the web sites owned by and affiliated with Wildly Sophisticated Media. (“WSM Sites”) and all features, content, or applications offered from time to time in connection with the WSM Sites (collectively, the “Services”). By accessing or using the WSM Sites, as a “Visitor” or “Member” or in any other capacity, you (the “User”) are acknowledging and agreeing to the terms and conditions of this Agreement, as it may be amended or supplemented from time to time.
Links to External Sites
WSM Sites contain links to external, third party web sites along with relevant commentary to provide Users with an up to date digest of current news stories. Wildly Sophisticated Media does not operate or control the information, products and/or services found on any external sites, nor does it represent, approve or endorse the accuracy or reliability of such information, products and/or services. Further, the links to other sites as well as the digest does not indicate any association with or endorsement of the linked site. Users must assume complete responsibility and risk in accessing the external sites and should direct any concerns to the relevant site’s administrator or webmaster.
Use of the Services
You represent and warrant that you are over 13 years of age or older. The Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved in writing by Wildly Sophisticated Media. Illegal and/or unauthorized use of the Services, including providing false information during the registration process, collecting usernames and/or email addresses of any Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the WSM Sites is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from User profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services, including but not limited to, deletion of your User account.
Comments, Forums and Discussion Groups
In order to make our comments interesting and informative for Users, the following guidelines must be adhered to by all Users posting and/or viewing comments:
If a comment is made using your identity it will be deemed to have been posted by you.
Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
Do not make false or misleading statements.
Do not offer to sell or buy any product or service, or post links to third party websites.
Do not post material that infringes any third party’s copyright, trademark or proprietary rights.
Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
Keep all comments relevant and ‘on topic’ to the particular WSM Site posting open for comments.
If Wildly Sophisticated Media receives notice that any posting is not in keeping with these terms and conditions, Wildly Sophisticated Media may remove that posting and/or any other related postings without liability or penalty. Wildly Sophisticated Media reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
Wildly Sophisticated Media assumes no responsibility for monitoring the Services for inappropriate Content or conduct. Even if Wildly Sophisticated Media chooses, in its sole discretion, to monitor the Services, it shall be under no obligation to modify or remove any inappropriate Content.
Member Disputes
You are solely responsible for your interactions with other Users of the WSM Sites. Wildly Sophisticated Media reserves the right, but has no obligation, to monitor disputes between you and other Users.
Modification
Wildly Sophisticated Media reserves the right to change or modify this Agreement, the WSM Sites or the Services, for any reason at its sole discretion, with or without notice to you. Your continued access or use of the WSM Sites and/or Services shall be deemed to be you conclusive acceptance of any amended Terms of Use. Wildly Sophisticated Media is not liable for any modification or suspension of Services.
Applicable Laws
By accessing the WSM Sites, you and Wildly Sophisticated Media agree to submit to the personal and exclusive jurisdiction of the State of New York, without regard to the conflicts of laws principles thereof. Any dispute arising out of this Agreement must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) located in New York, New York.
Disclaimer; Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND THE SITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WILDLY SOPHISTICATED MEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WILDLY SOPHISTICATED MEDIA MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, FREE OF VIRUSES, TIMELY, SECURE, OR ERROR FREE; NOR DOES WILDLY SOPHISTICATED MEDIA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE.
IN NO EVENT SHALL WILDLY SOPHISTICATED MEDIA, LOEB ENTERPRISES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES GREATER THAN THE AMOUNT YOU PAID TO BE A MEMBER OF THE SERVICES. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, ARISING OUT OF OR RELATING TO USE OF THE SITE OR SERVICES ARE HEREBY EXCLUDED EVEN IF WILDLY SOPHISTICATED MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Inaccurate Content
Wildly Sophisticated Media is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Services provided, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Users of WSM Sites may contain links to other websites and Wildly Sophisticated Media is not responsible for any such links or content. Wildly Sophisticated Media assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication.
Indemnification
You agree to defend, indemnify and hold Wildly Sophisticated Media, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, expenses, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services and/or arising from a breach of this Agreement and/or if any content, hyperlinks, applications or other materials that you post on the WSM Sites or through the Services are found to be infringing or violate a third party’s rights.
Miscellaneous
This Agreement constitutes the entire agreement between you and Wildly Sophisticated Media regarding the use of the Services. The failure of Wildly Sophisticated Media to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Contact Information
If you have any questions or notices of violations to these terms and conditions, please send an email to info@worksnw.com or mail to WORKS by Nicole Williams, 590 Madison Avenue, 26th Floor, New York, NY 10022.