Welcome to PikiWiki, an online multimedia wiki/scrapbook you can share with your family and friends. PikiWiki is operated by Experimental Web Services ("EWS," "we," or "us"). This page explains the terms by which you may use our service. By accessing or using the PikiWiki services, website and software provided through or in connection with the service ("Service"), you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement") and our current Privacy Policy, which is incorporated here by reference, whether or not you are a registered member of PikiWiki. We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

User Content

PikiWiki permits you and other registered users (collectively "you" or "Users") to post your videos, pictures, voice and video recordings, text, links and other content ("User Content") on Web pages, to "scrapbook" your pages according to your own design, and to share your pages with other users you choose. Users may invite others to visit, view and optionally modify their User Content, and/or establish and join Groups of Users who grant each other access to visit, view and optionally modify their User Content ("User Groups").

PikiWiki is intended to be a safe, enjoyable place for families and friends to build and share long term personal content repositories as a group. You agree not to upload, publish, display, or otherwise make available (hereinafter, "post") User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, obscene, profane, pornographic or otherwise objectionable; (v) contains any information or content that is illegal; or (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights, rights of publicity and privacy. EWS reserves the right, but is not obligated, to reject and/or remove any User Content that EWS believes, in its sole discretion, violates these provisions.

EWS grants you permission to use the Service as set forth in this Agreement, provided that: (i) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (ii) you will otherwise comply with the terms and conditions of this Agreement and PikiWiki's Privacy Policy. You agree that all information relating to the beta test bugs and your ability or inability to use the Service are the confidential information of EWS and you will not disclose any of the foregoing to any third party.

In order to access some features of PikiWiki, including to post User Content and to create or join User Groups, you will have to create an account. You may never use another User's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify EWS immediately of any breach of security or unauthorized use of your account. Although EWS will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of EWS or others due to such unauthorized use.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Service in a manner that sends more request messages to the PikiWiki servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Service with respect to their User Content.

EWS may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in EWS's sole determination, you violate any of the Agreement, including the following prohibited actions; (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; or, (vi) bypassing the measures we may use to prevent or restrict access to the Service. Upon termination for any reason, you continue to be bound by this Agreement.

PikiWiki allows Users to share User Content with each other by invitations to visit their pages and join their User Groups ("User Permissions"). EWS will use its commercially reasonable efforts to apply User Permissions. However, EWS does not guarantee that Usage Permissions will always be applied, or that your User Content will be kept secure from viewing by others, or from damage or loss. EWS takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility.

If you want EWS to remove your User Content from the Service, please delete it as specified in the Service. However, we cannot guarantee that your User Content will be completely removed from all User pages, nor that other Users will not misuse any content that you supply. Other Users may have already copied and forwarded your User Content to others, making recovery impossible. EWS is not responsible for any public display or misuse of your User Content.

You are solely responsible for your interactions with other PikiWiki Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

We care about the privacy of our Users. Please see our Privacy Policy. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.

One of the features of PikiWiki is that it allows groups to collaborate online to create web pages together to be used and displayed by EWS. To enable this, you hereby grant EWS and PikiWiki Users who may access your Content an Attribution 3.0 Unported Creative Commons License, the full text of which is available at http://creativecommons.org/licenses/by/3.0/legalcode. This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. By posting any User Content, you hereby represent and warrant that you have a right to grant the foregoing licenses.

Though PikiWiki does not display your User Content to the general public or make your User Content accessible to search engines, PikiWiki also does not control the permissions Users grant each other to access their User Content and User Groups. For this reason, all User Content is deemed non-confidential and EWS shall be under no obligation to maintain the confidentiality of any information and content, in whatever form, contained in any User Content provided that EWS shall use its reasonable commercial efforts to prevent the general public from accessing your User Content and User Groups.

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. EWS reserves all rights not expressly granted herein in the Service and its Content (as defined below). EWS may terminate this license at any time for any reason or no reason.

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the "Content"), and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of EWS and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service, except that the foregoing does not apply to your own User Content that you legally post on the Service, and you may use, reproduce, modify, publish, list information regarding, edit, translate, distribute, perform, display, and make derivative works of all the User Content in your User Groups to the extent provided by the User Group's Permissions. Use of the Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration by, use of or access to the Service by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using PikiWiki, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of this Agreement. EWS may terminate your membership, delete your profile and any content or information that you have posted on the Service and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13. Membership in PikiWiki is void where prohibited.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify EWS's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

2. Identification of the copyrighted work that you claim has been infringed;

3. Identification of the material that is claimed to be infringing and where it is located on the Service;

4. Information reasonably sufficient to permit EWS to contact you, such as your address, telephone number, and, e-mail address;

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Name: Tony Zuccarino

Attn: DMCA Notice

Company: Experimental Web Services

Address: 14510 Big Basin Way, #116

Saratoga, CA. 95070

Telephone: (408) 557-9051
Fax: (408) 557-9051

Email: copyright@pikiwiki.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS. FEES.

Please note that this procedure is exclusively for notifying EWS and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with EWS's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, EWS has adopted a policy of terminating, in appropriate circumstances and at EWS's sole discretion, members who are deemed to be repeat infringers. EWS may also at its sole discretion limit access to the Site and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:

a. By your use of the Service, you affirm that you are at least 13 years of age, and that if you are under 18 years of age you are either 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 this Agreement, and to abide by and comply with this Agreement. If you are under 13 years of age, you may not use the Service.

b. You have the consent of each and every identifiable natural person in the User Content to use such persons name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.

c. The User Content and EWS's use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.

d. You are not, nor is any other person who appears in your User Content, a current member of the Screen Actors. Guild ("SAG") or of the American Federation of Television and Radio Actors ("AFTRA").

EWS does not endorse any User Content or the views, opinion, recommendation or advice expressed therein. EWS does not review, nor is it responsible for any User Content or the accuracy, usefulness or safety thereof, no matter the source. EWS is not obligated to review the User Content for any reason. You may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, infringing, and you hereby agree to waive any legal rights and remedies you may have against EWS.

Third-Party Websites or Services

PikiWiki may contain links to third-party websites or services that are not owned or controlled by EWS. EWS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. In addition, EWS will not and cannot censor or edit the content of any third-party website or service. By using the Service, you expressly relieve EWS from any and all liability arising from your use of any third-party website or services or third party owned Content. Accordingly, we encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

Indemnity

You agree to defend, indemnify and hold harmless EWS and its parent, subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party.s access and use of the Service with your unique username, password or other appropriate security code.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EWS, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

EWS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PIKIWIKI SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EWS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EWS, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL EWS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EWS 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 SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF EWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

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

IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE SERVICE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by EWS without restriction.

A. Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over EWS, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and EWS that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California.

B. Entire Agreement/Severability. This Agreement, together with PikiWiki's Privacy Policy and any other legal notices published by EWS on the Service, shall constitute the entire agreement between you and EWS concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

C. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and EWS's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.