terms

Terms and Conditions of Use

Effective April 2010

Welcome to the Wisemuv, Inc. ("Wisemuv") website (the "Site"). The following Terms and Conditions and conditions (these "Terms and Conditions of Use") govern your access to and use of the Site, any information, text, graphics or other materials appearing on the Site (the "Content") and any services provided through the Site (the "Services"). By accessing or using the Site and/or Services, you hereby agree to follow and be bound by these Terms and Conditions of Use and our Privacy Policy, which is incorporated herein by reference. If you do not agree to be bound by the Terms and Conditions and conditions of these Terms and Conditions of Use, do not use or access the Site or Services.

Your Access to the Site and Services

Subject to these Terms and Conditions of Use, Wisemuv may offer certain Services, which may include, without limitation, services, tools, links and recommendations to assist you in decision support on one or many areas important to our users. We may also offer services consistent with these Terms and Conditions for comparison-shopping for products and services related to the purchase of third party products and services. In its sole discretion, Wisemuv may change, suspend or discontinue access to or use of the Site and Services for any reason, at any time, including the availability of any feature, database or service. Wisemuv may also impose limits on certain features and content available through the Site or Services or restrict your access to parts or all of the Site and/or Services without notice or liability.

Your access to and use of the Site and Services is at your own risk. Wisemuv will have no responsibility for any damages of any kind resulting from such use and will have no responsibility for any harm to your computer system, loss of data or any other harm that results from your access to or use of the Site and Services. You agree that you will not engage in any activity that interferes with or disrupts the Site, Content or Services (or the servers and networks which are connected to the Site or Services). You also agree not to access (or attempt to access) the Site, Content or any of the Services by any means other than through the interface that is provided by Wisemuv. You specifically agree not to access (or attempt to access) the Site, Content or any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

Personal Use Only

The Site is made available for your personal, non-commercial use only. You may not use the Site to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales. You may not "scrape" the Site. You may not take our topic lists, questions, blog postings, forum postings, research articles, decision results, or any other Content from our Site and reformat and display them, or mirror home page or item recommendation pages on your website. If you want to make commercial use of our services, you must enter into a separate agreement with us to do so in advance.

Notwithstanding the general limits of use described in the paragraph above, some Wisemuv data is available for your use, including commercial use and inclusion in external applications, provided the data is accessed using Wisemuv's Application Programming Interface (API). The Wisemuv API has its own set of Terms of Service which you must consent to before using it.

Exception for widgets: Furthermore, Wisemuv grants permission for you to place one or more Wisemuv "widgets" on your own site (by inserting into your site the 'embed topic' code found in the 'share this' section of most Wisemuv results pages), whether for commercial or non-commercial purposes, provided however that you do not alter the appearance or functionality of the resulting widget. Your use of a Wisemuv widget is otherwise subject to our standard Terms of Service.

Your Account and Passwords

You are responsible for safeguarding the username and password that you use to access any secure or password-protected areas of the Site or Services. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your username and password, whether or not you have authorized such activities or actions. You will immediately notify Wisemuv of any unauthorized use of your username or password. You are responsible for keeping your account information current and accurate; Wisemuv will have no liability for failure to deliver notices that result from inaccurate account information.

Your Use of Site Content

You may download, view, copy and print a single copy of any Content, subject to the following: (i) the Content may be used solely for personal, informational, non-commercial purposes; (ii) the Content may not be modified or altered in any way; and (iii) your continued compliance with all the restrictions set forth in these Terms and Conditions of Use. Except as expressly permitted in these Terms and Conditions of Use, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Site in whole or in part without the express written authorization of Wisemuv.

You agree to not use the Site to:

post any content that is unlawful, harassing, defamatory, obscene, libelous, invasive of another's privacy, or racially, ethnically or otherwise objectionable;
impersonate any person or entity, including, but not limited to a Wisemuv employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
post any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
post or otherwise make available any unsolicited or unauthorized advertising or promotional materials;
interfere with or, disrupt the Site or violate the security of the Site or servers or networks connected to Wisemuv;
use the Site to violate the security of other websites by any method.

You acknowledge that we shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or move any content that is submitted to the Site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge that we shall have the right to terminate your access to the Site for violations of any of these rules, including repeat infringement of copyrights.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the Wisemuv servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser. You furthermore specifically agree not to use any automated method to alter the training values of decision results in order to unduly bias Wisemuv's machine learning algorithm in favor of or against specific results or groups of results.

You agree not to collect or harvest any personally identifiable information, including account usernames, photos, or profile descriptions, from the Site, nor to use the community portions of the Site (including but not limited to user reviews, blog feedback, forums, personal profiles and support areas) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions.

Third Party Provider Transactions and Charges

Your dealings with any third party product or service provider ("Third Party Provider") in connection with the Services, including any claims, offers, promotions or representations made in any Content provided through the Services, your participation in any promotions offered by any Third Party Provider, and the purchase of any third party products and services and/or any other Terms and Conditions, conditions, warranties or representations associated with such offers or promotions, are solely between you and the Third Party Provider. YOU ARE RESPONSIBLE FOR VERIFYING THE ACCURACY OF ANY CLAIMS, OFFERS AND PROMOTIONS BY THE THIRD PARTY PROVIDER BEFORE PURCASING ANY OF ITS PRODUCTS OR SERVICES. Wisemuv is not responsible or liable for any part of any such dealings or promotions. You are solely responsible for, and Wisemuv will not have any liability to you for, any access, service, or activation/cancellation fee, or for any usage charges charged by a Third Party Provider related to any third party products you purchase through use of the Services.

Links

The Site may contain links to third party websites or resources, which may provide access to products, content and services from third parties, including users, advertisers, affiliates and sponsors of the Site. Wisemuv does not control these links and links to such websites or resources do not imply any endorsement by Wisemuv of such websites or resources or the content, products or services available from such websites or resources. You agree that Wisemuv is not responsible or liable for: (i) the availability or accuracy of, such third party websites or resources; (ii) the content, advertising, products or services on or available from such websites or resources; or (iii) any opinions, advice, offers or other information on or available from such websites or resources. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that Wisemuv is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, third party products or other content and understand that you bear all risks associated with the use of such content and any transactions you have with a third party. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Wisemuv is not responsible for: (a) the quality of any third party products or services; and (b) fulfilling any of the Terms and Conditions of your agreement with a third party seller, including delivery of products or services and warranty obligations related to such purchased products or services. You agree that Wisemuv is not responsible for any loss or damage of any sort you may incur from dealing with any third party. You agree to direct any question, complaint or claim relating to a transaction to the third party merchant fulfilling such transaction.

Other Terms and Conditions

Areas of the Site (and your access to or use of certain Content or Services) may have different Terms and Conditions of use posted or may require you to agree with and accept additional Terms and Conditions and conditions. If there is a conflict between these Terms and Conditions of Use and Terms and Conditions of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of or access to that area of the Site.

The Site, Content & Services are Available "AS-IS"

THE SITE, CONTENT AND SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WISEMUV EXPLICITLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; (II) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; AND (III) ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SITE, CONTENT OR SERVICE ARE ACCURATE, RELIABLE, COMPLETE, UP-TO-DATE, OR PRODUCE SPECIFIC OUTCOMES. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING BUSINESS LOSSES, DAMAGE TO YOUR COMPUTER SYSTEM, DAMAGES RESULTING FROM COMPUTER VIRUSES AND LOSS OF DATA, WHICH RESULT FROM YOUR USE OF OR ACCESS TO THE SITE OR SERVICES. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK.

Wisemuv makes no warranty that: (i) the Services will meet your requirements; (ii) the Site or Services will be available on an uninterrupted, timely, secure or error-free basis; or (iii) the quality of any products, services, information or other material purchased or obtained by you through the Site, Content or Services will meet your expectations, will be accurate, interoperable, compatible, timely, truthful, complete or reliable. All advice or information provided on the Site, whether oral or written, is "AS IS" and no advice or information whether oral or written obtained from Wisemuv or through the Services, will create any warranty.

Wisemuv is not responsible for any decisions you make based upon the Content or Services. Wisemuv assumes no liability or responsibility for any errors or omissions in the Site, Content or Services, and makes no commitment or warranty to correct any such errors or omissions or update or keep current the information contained in the Site, Content or Services. It is your responsibility to take appropriate due diligence to ensure that this information is suitable for your purposes, including without limitation to implement any products or services based on such information.

Wisemuv reserves the right to make changes or updates to the Site, Content or Services, including but not limited to adding to, deleting, changing or improving any of the information, services, programs, interfaces and technology, at any time without notice.

General Prohibitions

You represent and warrant that you will not do any of the following while accessing the Site and using the Services:

Engage in any activity (including but not limited to posting, publishing or transmitting any text, graphics or material) or in a manner that (i) generates fraudulent, illegal, or otherwise invalid purchases, licenses or other transactions in connection with the Service or that constitutes an illegal, unfair or fraudulent business practice; (ii) violates, or encourages any conduct that would violate, any applicable law, statute, ordinance or regulation or would give rise to civil liability; (iii) infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (iv) promotes bigotry, racism, hatred or harm against any individual or group; or (iv) you should know is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, offensive, libelous, or otherwise objectionable;
Copy, modify or distribute the HTML code used to generate web pages on the Site;
Use any computer viruses, worms or other potentially damaging computer programs or files on the Site;
Access, tamper with or use non-public areas of the Site, Wisemuv's computer systems, or the technical delivery systems of Wisemuv's providers;
Attempt to probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
Attempt to access or search the Site, Content, or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Wisemuv or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);
Frame or link to the Site, except as may be expressly permitted in writing by Wisemuv;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site;
Send unsolicited email, bulk email, junk mail, "spam" or chain letters, or promotions or advertisements for products or services;
Post any information for which you were compensated or granted any consideration by any third party;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Services to send altered, deceptive or false source-identifying information;
Impersonate or misrepresent your affiliation with any person or entity; or
Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account or private information from any other user.

You are responsible for all of your activity in connection with using the Services and accessing the Site. Wisemuv will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. Wisemuv will involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms and Conditions of Use. You acknowledge that Wisemuv has no obligation to monitor your access to or use of the Site and Services, or any information you may provide during your use of or access to the Site and Services, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms and Conditions of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Your Use of Forums and Public Communication

"Forum" means a discussion group, chat area, mail bag, recommendation and ratings section, bulletin board, news group, communication with Wisemuv and its webmaster or employees, or e-mail function that is, or may be, offered as part of the Site or Services. You agree not to upload, email, post, publish or otherwise transmit through a Forum any content that: (i) is false or misleading; (ii) is defamatory; (ii) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (iv) is obscene; (v) infringes another's rights, including but not limited to intellectual property rights (including trademark, trade secret, patent or copyright) or rights of publicity; or (vi) violates any applicable laws or regulations. Forums shall be used in a noncommercial manner only.

By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to Wisemuv, you automatically grant (or warrant that the owner of such rights has expressly granted) Wisemuv a worldwide, royalty-free, non-exclusive, sub-licensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, create derivative works of, perform, display, distribute, publish and transmit such content in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.

Copyright Policy

Wisemuv respects the intellectual property rights of others and expects users of the Services to do the same. To that end, Wisemuv has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. At our discretion and in appropriate circumstances, we may terminate the accounts of users or prevent access to the Site by users who are infringing the intellectual property rights of others. Pursuant to 17 USC 512(c)(2) (the Digital Millennium Copyright Act of 1998), Wisemuv's designated agent for notice for alleged copyright infringement is: feedback@wisemuv.com.

Filing a notice of infringement requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office website.

Wisemuv Property

Except as expressly permitted in these Terms and Conditions of Use, you will not earn or acquire any rights or licenses in the Site, Content or Services on account of these Terms and Conditions of Use. You acknowledge and agree that Wisemuv and its licensors own all right, title, and interest in and to the Site, Content and Services, including all intellectual property rights therein, even if Wisemuv or its licensors incorporate any Feedback into subsequent versions of the Site, Content or Services. The Site, Content and Services are protected by copyright, trademark and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms and Conditions of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use the Site, Content or Services.

Termination of Use

If you violate any of these Terms and Conditions of Use, your permission to use the Services will automatically terminate. You agree that Wisemuv may, in its sole discretion, at any time revoke your access to and use of the Services, and any account(s) you may have in connection with the Site, with or without cause. Wisemuv also reserves the right to cease providing or to change the Site, Content or Services at any time and without notice.

Indemnity

You agree that you will be personally responsible for your use of the Site and Services, and you agree to defend, indemnify and hold Wisemuv, and its respective officers, directors, employees, consultants, affiliates, subsidiaries and agents harmless from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Site Services; (ii) your violation of these Terms and Conditions of Use; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; and (iv) any disputes or issues between you and any Carrier. Wisemuv reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Wisemuv's defense of such claim.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WISEMUV NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE SITE, CONTENT OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WISEMUV HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT WISEMUV IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, WISEMUV WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES.

YOU AGREE THAT THE AGGREGATE LIABILITY OF WISEMUV TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO WISEMUV FOR ACCESS TO AND USE OF THE SERVICES GIVING RISE TO SUCH LIABILITY IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WISEMUV AND YOU.

IN NO EVENT SHALL WISEMUV, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY (I) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (II) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WISEMUV SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, OR (VI) DIRECT DAMAGES IN EXCESS OF $100; WHETHER OR NOT WISEMUV IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT WISEMUV SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Site is controlled and offered by Wisemuv from its facilities in the United States of America. Wisemuv makes no representations that the Wisemuv Site is appropriate or available for use in other locations. Those who access or use the Wisemuv Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Topics Related to Financial, Health, or Legal Matters

Wisemuv does not provide professional financial advice and is not a substitute for the counsel of qualified financial professionals. In particular, financial topics are not intended to be relied upon for trading or investment purposes. Wisemuv shall not be responsible or liable for the accuracy or usefulness of any Content and will not be responsible or liable for any trading or investment decisions based on such Content.

Wisemuv does not provide professional health advice and is not a substitute for professional medical advice, examination, diagnosis or treatment. Always seek the advice of your physician or other qualified health professional before starting any new treatment or making any changes to existing treatment. Do not delay seeking treatment or disregard medical advice based on Content on Wisemuv. The Content on Wisemuv should not be used to diagnose, treat, cure, or prevent any disease without the supervision of a medical doctor or other qualified health professional.

Wisemuv does not provide professional legal advice and is not a substitute for the counsel of qualified legal professionals. Always seek the advice of a qualified attorney licensed in the appropriate jurisdiction before taking any course of action that may affect your legal rights.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Waiver and Severability

The failure of Wisemuv to enforce any right or provision of these Terms and Conditions of Use will not be deemed a waiver of such right or provision. In the event that any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, the remaining provisions of these Terms and Conditions of Use will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and Conditions of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in San Mateo County, California, and you consent to the jurisdiction of and venue in such courts.

Modification of Terms and Conditions

We reserve the right to modify the Terms and Conditions of Use at any time. If we do this, we will post the changes to these Terms and Conditions of Use on this page and will indicate at the top of this page the date those Terms and Conditions will be effective. We will attempt to give you advance notice of any substantive changes, but reserve the right to make such modifications immediately if required. Your use of the Site and Services after any such changes become effective constitutes your acceptance of the new Terms and Conditions of Use. If you do not agree to abide by these or any future Terms and Conditions of Use, do not use or access (or continue to use or access) the Services. It is your responsibility to check to determine if there have been changes to these Terms and Conditions of Use and to review such changes.

Entire Agreement

These Terms and Conditions are the entire and exclusive agreement between Wisemuv and you regarding the Services, and these Terms and Conditions supersede and replace any prior agreements regarding the foregoing.

The Services are operated and provided by Wisemuv, Inc. If you have any questions about these Terms, please contact Wisemuv at feedback@wisemuv.com.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Wisemuv Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Wisemuv Site.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Wisemuv without restriction.

General

These Terms of Service shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. Any claim or dispute between you and Wisemuv that arises in whole or in part from the Wisemuv Site shall be decided exclusively by a court of competent jurisdiction located in Delaware. These Terms of Service, together with the Community Guidelines, Privacy Notice available at http://www.Wisemuv.com/privacy and any other legal notices published by Wisemuv on the Site, shall constitute the entire agreement between you and Wisemuv concerning the Wisemuv Site. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Wisemuv's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Wisemuv reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Wisemuv Site following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind Wisemuv in any respect whatsoever.

Warranty Disclaimer

You acknowledge that Wisemuv has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Wisemuv from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Wisemuv makes no representations concerning any Content contained in or accessed through the Site, and Wisemuv will not be responsible or liable for the accuracy, copyright compliance, legality or decency of Content contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

YOU AGREE THAT YOUR USE OF THE WISEMUV SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WISEMUV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. WISEMUV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WISEMUV SITE. WISEMUV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WISEMUV SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WISEMUV WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Changes In Terms of Service

We may modify or terminate our services from time to time, for any reason, and without notice and without liability to you. We may also impose limits on certain features and services or restrict your access to parts or all of the Wisemuv services without notice or liability. We reserve the right to modify these Terms of Service from time to time by posting a notice on the Site or by sending you a notice via email. You should visit this page periodically, because your continued use of the Site following the posting of changes to these Terms of Service constitutes your acceptance of those changes.

Account Termination Policy

Wisemuv may terminate your account and your access to the Site if Wisemuv determines in its sole discretion that you have breached these Terms of Service. Upon termination of your account, your right to use the Wisemuv services and access the Site and any Content will immediately cease. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnifications and limitations of liability.

Wisemuv reserves the right to decide whether User Content is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, inappropriate disclosure of personal information or excessive length. Wisemuv may remove such User Content and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

User Submissions

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material posted by you on the Site.

When you submit comments or other User Content to the Site, we may make use of your submission, including showing your submission to other users who might benefit from your submission, and attributing such submission to you by associating it with your username, profile picture, or any other descriptive profile information you have provided. As such, we need broad rights in the User Content you submit to the Site. The following paragraph describes these rights.

By submitting content to the Site, you grant Wisemuv and its subsidiaries and affiliates the royalty-free, perpetual, irrevocable, non-exclusive, worldwide, transferable right and license (including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and otherwise exploit the User Content (in whole or in part) and to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such User Content. You also warrant that the holder of any rights, including moral rights in such User Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user of the Site to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on the Site retains any and all rights that may exist in such User Content. Notwithstanding the generally irrevocable license you grant us regarding content you submit, if you are the rights holder to submitted content and later change your mind and would like it removed, you can contact us at Copyright Notice and we will do so.

You further agree that you will not, in connection with User Content, submit material that is contrary to the Wisemuv Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations. We reserve the right to remove User Content from the Site for any reason or for no reason at all.

Wisemuv does not endorse any User Content or any opinion, solution or advice expressed therein, and Wisemuv expressly disclaims any and all liability in connection with User Content. Wisemuv does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and Wisemuv will remove Content if properly notified that such Content infringes another's intellectual property rights. Wisemuv reserves the right to remove any content without prior notice. If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes your copyrights, see the Wisemuv Copyright Notice.

The Wisemuv Site may contain links to third party websites that are not owned or controlled by Wisemuv, including websites with whom we may have a sponsorship or marketing relationship. Wisemuv has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Wisemuv will not and cannot censor or edit the content of any third-party website. By using the Site, you expressly relieve Wisemuv from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Wisemuv Site and to read the terms and conditions and Privacy Policy of each other website that you visit.

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Wisemuv Site.

The Content on the Wisemuv Site, including User Content, is provided to you "as is" for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited in any manner not intended by the normal functionality of the Wisemuv Service or otherwise as prohibited under this Agreement. "User Content" means user comments, suggestions, recommendations, reviews, and any other material posted by users of the Site.

You understand that when using the Wisemuv Site, you will be exposed to User Content from a variety of sources, and that Wisemuv is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Wisemuv with respect thereto, and agree to indemnify and hold Wisemuv, its owner, operators, affiliates, and licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

You understand that Wisemuv's decision results are based on a machine learning algorithm combining the collective input of all Wisemuv users. Wisemuv's decision results are intended to be used as information and entertainment but not as a specific directive to undertake a given action. In no way do Wisemuv's automated decision results represent the specific opinions or preferences of Wisemuv Inc. as an entity or its respective employees, directors, or investors. Wisemuv does not evaluate or guarantee the accuracy of any Content on the Wisemuv site, and the Content on Wisemuv should never be considered to be a substitute for professional advice.

Feedback

You may from time to time provide feedback to Wisemuv related to the Site, Content or Services. Such feedback may include, without limitation, modifications, additions, fixes, improvements, enhancements, applications, test results, procedures, information, materials, suggestions, ideas, concepts, know-how, techniques, data, translations, developments, discoveries and suggestions (collectively "Feedback"). You hereby grant Wisemuv a worldwide, royalty-free, non-exclusive, sub-licensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, create derivative works of, perform, display, distribute, publish, transmit and otherwise use and dispose of such Feedback.