Terms of Use
Latest Revisions: December 29, 2007
PLEASE READ THE TERMS OF USE ("TOU") BELOW.
These Terms of Use state the terms and conditions under which The Oklahoman Publishing Company and its affiliates (collectively, "Wimgo," "our" or "us") provide you ("you," or "your") access to the Wimgo.com sites, together with any sub-domains thereto and future sites owned and operated by Wimgo, (the "Sites") which defined term includes the Services as defined below.
BY ACCESSING, BROWSING, OR USING THE SITES AND SERVICES, YOU ARE ACCEPTING THE TOU, AS WELL AS OUR PRIVACY POLICY, which is incorporated herein by reference, AS A BINDING AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THE TOU OR THE PRIVACY POLICY, PLEASE DO NOT ACCESS, BROWSE OR USE THE SITES AND SERVICES. YOUR USE OF THE SITES AND SERVICES AND INFORMATION PROVIDED THEREIN MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
1. DESCRIPTION OF SITES, SERVICES, AND SOFTWARE
Wimgo.com provides users with direct access to a rich collection of
information, including but not limited to, event, business, and
attraction data, as well as, information access tools embedded on third
party websites, bearing "powered by WIMGO" (the "Services"). Please note
that the Services include information and software provided by third
parties. Unless explicitly stated otherwise, any modifications, updates,
new features, or enhancements to the current services are also subject
to the TOU.
top
2. ACCEPTANCE OF TERMS; CHANGES TO TOU
Wimgo provides the Services to you subject to the following TOU.By using the Sites, you are agreeing to comply with and be bound by the TOU.You acknowledge and agree that your use of the Site has the same effect as manually signing a contract and creates a valid, binding contract between you and Wimgo. If you do not wish to be bound by the TOU, you should discontinue your use of the Sites and Services.
Wimgo may modify this TOU at any time.Any modifications to the TOU
will be effective immediately upon posting on the Sites.You
agree to review the TOU posted on the Sites each time you use the Sites
so that you are aware of any modifications to this TOU.Your continued
usage of the Sites following any changes constitutes your acceptance of
those changes.For your convenience and future reference,
the date of the TOU is listed below so that you can compare any
different versions of the TOU to determine any changes made to the TOU.
top
3. YOUR PERMISSION TO USE THE SERVICES
Wimgo grants you a personal, non-exclusive, non-transferable, revocable permission to use the Services and Sites. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner provided by the TOU.You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content included in the Services, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Except as otherwise expressly permitted in this Agreement, you may not: (i) decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code; or (ii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on the Services. You may not access the Services by any means other than through the interface that is provided by Wimgo. Furthermore, you may not use the Services in any manner that could damage, disable, overburden, or impair the Services (e.g., you may not access the Services in an automated manner by use of "spiders", "robots" or otherwise), nor may you use the Services in any manner that could interfere with any other party's use and enjoyment of the Services. You are not permitted to retrieve and store in electronic or any other form any material part of the databases underlying the Services. All commercial and/or unauthorized use of the Services is strictly prohibited. You agree not to use or resell the Services for any commercial purpose, including, but not limited to, sending unsolicited commercial messages.
The Services remain at all times the sole property of The Oklahoma
Publishing Company or its third parties, and their use is subject to all
copyright and trademark notices. All rights to use the services not
expressly granted to you by Wimgo under the TOU are retained by Wimgo.
top
4. WIMGO's PRIVACY POLICY
Wimgo protects your personally identifiable data as set forth in
Wimgo's privacy policy (the "Privacy Policy"). The Privacy
Policy explains our collection and use of personally identifiable
information. We request that you review our Privacy Policy before you
use the Services.
top
5. POSTINGS TO THE SERVICES
The Services may permit you to post, submit, transmit, email, or otherwise make available questions, comments, or information (collectively, "Postings"). You may only submit Postings that you create or that you have permission to submit and that do not violate copyright, trademark, or any other rights of third parties. We do not claim ownership of any Postings that you may submit. However, by submitting Postings to any of the other Services, you grant us, our subsidiaries, affiliates, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, fully-paid, non-exclusive, and sub-licensable license to use, copy, display, distribute, modify, adapt, publish, translate, publicly perform and publicly display the Postings (in whole or in part) and to incorporate the Postings into other works in any format or medium now or later known.
You may not upload, post, submit, email, transmit, or otherwise make available any Postings that (i) contain falsehoods or misrepresentations that could damage Wimgo or any third party; (ii) are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or are otherwise inappropriate; (iii) contain advertisements, solicitations of business or spam; (iv) disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs; (v) collect or store personal information about others or otherwise invade their privacy; (vi) impersonate another person or forge headers or use any other method to disguise the true origin of the Posting; (vii) contain materials protected copyright, trademark patent or other intellectual property rights unless you are the owner of such material or have license from the owner of any such proprietary rights to provide the materials; or (viii) you do not have a right to make available under any law or under contractual or fiduciary relationships. Additionally, you may not submit any Postings that violate the TOU. All liabilities resulting from postings remain with its creator and not Wimgo.
You acknowledge that Wimgo is not obligated to pre-screen content submitted by members, but that Wimgo shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is made available via Wimgo by any user that violates the TOU or is otherwise objectionable.
Wimgo respects the intellectual property of others and asks you to do
the same. Wimgo may, in appropriate circumstances and at its sole
discretion, terminate your right to use any of the Services for any
reason, including, but not limited to, if you are a repeat infringer. If
you believe that your work has been copied in a way that constitutes
copyright infringement or your intellectual property rights have been
otherwise violated, please contact us by clicking on "Contact
Us",and sending us an e-mail.
top
6. MODIFICATIONS TO THE SERVICES
Wimgo reserves the right at any time, and from time to time, to
modify, suspend, or discontinue, temporarily or permanently, the
Services (or any part thereof) with or without notice. You agree that
Wimgo shall not be liable to you or to any third party for any such
modification, suspension or discontinuance.
top
7. DEALINGS WITH ADVERTISERS OR THIRD PARTY VENDORS
Wimgo may include advertisements on the Services. Your correspondence
or business dealings with, or participation in promotions of,
advertisers or third party vendors found on or through the Services,
including payment and delivery of related goods or products, and any
other terms, conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser or third party
vendor. Any question, complaints, or claims should be directed to the
appropriate advertiser or third party vendor. Additionally, all product
reviews and ratings are informative for those wishing to use them, but
they do not guarantee any level of performance by a third party vendor
in any transaction. You agree that Wimgo shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any
such dealings or as the result of the presence of such advertisers or
third party vendors or product reviews or ratings on the Services.
top
8. LINKS; CO-BRANDING
The services may provide, or third parties may provide, links to other websites. Additionally, in many cases, co-branded services that are jointly provided by us and selected companies will contain the services' branding, but might not be hosted by us. Because Wimgo has no control over such sites, you acknowledge and agree that Wimgo is not responsible for the availability of such external or co-branded sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites. You should not attribute any views or information on such sites to Wimgo. You further acknowledge and agree that Wimgo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You should follow the link to the terms of use on the appropriate page for such sites to determine which company's terms of use governs such sites.
Anyone linking to the Services must comply with the following
guidelines and all applicable laws: A site that links to any Service (i)
may link to but not replicate any Service's content; (ii) should not
create a browser or border environment around any Service's content;
(iii) should not imply that Wimgo is endorsing it or its products; (iv)
should not misrepresent its relationship with Wimgo or any Service; (v)
should not present false information about Wimgo or any Service; (vi)
should not use any Wimgo trademarks, trade names, or logos without
permission from Wimgo; and (vii) should not contain content that is
reasonably considered profanity, defamatory, vulgar, otherwise unlawful,
or should not violate any state or federal laws, codes or regulations.
top
9. DISCLAIMER
WE DO NOT INDEPENDENTLY VERIFY THE ACCURACY OR RELIABILITY OF THE SERVICES. ADDITIONALLY, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. WIMGO AND ALL RELATED THIRD PARTIES, SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WIMGO, ALL RELATED THIRD PARTIES AND SUPPLIERS MAKE NO WARRANTY THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE PROVISION OF THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SOFTWARE, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NEITHER WE, NOR THIRD PARTIES OR SUPPLIERS, GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE SERVICES. THE SERVICES MAY BE HARMFUL, UNTIMELY, INCOMPLETE, OR INACCURATE AND, ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SERVICES.
YOU SHOULD NOT USE THE SERVICES FOR EMERGENCY PURPOSES OR TO SEEK OR PROVIDE DIAGNOSIS OR TREATMENT OF MEDICAL, PSYCHOLOGICAL OR OTHER PROBLEMS OR DIFFICULTIES, OR AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL, PSYCHOLOGICAL, TAX, LEGAL, INVESTMENT, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE.
THE ENTIRE RISK FOR USE OF THE SERVICES IS BORNE BY YOU.
Additionally, please review our general disclaimer, which is hereby made a part of the TOU.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES,
SO A PORTION OF THE FOREGOING MAY NOT APPLY TO YOU, IN WHICH CASE THE
DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO THE MINIMUM PERIOD
PERMISSIBLE UNDER APPLICABLE LAW.
top
10. LIMITATION OF LIABILITY
NONE OF THE THIRD PARTIES, OWNERS, CONTRIBUTORS, SPONSORS, ADMINISTRATORS, OR ANYONE ELSE CONNECTED WITH THE SERVICES IN ANY WAY WHATSOEVER CAN BE RESPONSIBLE FOR THE APPEARANCE OF ANY INACCURATE INFORMATION OR FOR YOUR USE OF THE INFORMATION CONTAINED IN OR LINKED FROM THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
WIMGO, OR THIRD PARTIESAND SUPPLIERS, BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO ACCESS THE SERVICES, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL
DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND
REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF
WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. NEITHER WIMGO NOR
THIRD PARTIES OR SUPPLIERS ARE RESPONSIBLE FOR ANY LIABILITY ARISING OUT
OF THE SERVICES AND/OR ANY MATERIAL LINKED THROUGH THE SERVICES. UNDER
NO CIRCUMSTANCES WILL WIMGO, OR THIRD PARTIES, DIRECT LIABILITY ARISING
OUT OF USE OF THE SERVICES EXCEED THE GREATER OF (I) THE AMOUNT YOU HAVE
PAID WIMGO FOR SUCH USE OR (II) $10.00. SOME JURISDICTIONS DO NOT PERMIT
SOME OF THE ABOVE LIMITATIONS OF LIABILITY, AND THEREFORE THIS MAY NOT
APPLY TO YOU. IT IS YOUR RESPOSIBILITY TO DETERIME THIS.
top
11. INDEMNIFICATION
You agree to indemnify and hold Wimgo, its subsidiaries and
affiliates, and their respective officers, directors, employees, and
agents harmless from and against any and all liability, losses, claims,
demands or costs of any kind, including reasonable attorneys' fees and
costs of litigation, arising from (i) your Postings or other content you
submit, post, transmit, email, or otherwise make available through the
Services, (ii) your use of or reliance on the Services, (iii) your
connection to the Services, (iv) your violation of the TOU, or (v) your
violation of any rights of another party, or (vi) any other damage
caused by your use of the Services.
top
12. TRADEMARK INFORMATION
Wimgo, Wimgo.com and other service names, trademarks and logos are
trademarks of Wimgo or its third parties. Without our prior written
permission, or that of applicable third parties, you agree not to
display, or use in any manner, the marks of Wimgo. The trademarks,
logos, and service marks not owned by Wimgo and that are displayed on
the Services are the registered or unregistered marks of their
respective owners. No rights are granted by Wimgo to use such marks,
whether by implication, estoppel, or otherwise.
top
13.PROPRIETARY RIGHTS
All content, organization, graphics, design, compilation and other
matters related to or included on the Sites are protected under
applicable copyrights, trademarks, or other proprietary (including but
not limited to intellectual property) rights and owned by Wimgo.The
foregoing provision does not apply to any Postings.
top
14.PASSWORDS
Wimgo has several tools that allow you to record and store
information.You are responsible for taking all reasonable
steps to ensure that no unauthorized person shall have access to your
Wimgo passwords or accounts.It is your sole
responsibility to (1) control the dissemination and use of password; (2)
authorize, monitor, and control access to your Wimgo password and
account; and (3) promptly inform Wimgo of any need to deactivate a
password.Your right to use the Sites and Services is
nontransferable and any password given to you is nontransferable.You
grant Wimgo and all other persons or entities involved in the operation
of the Sites the right to transmit, monitor, store, retrieve and use
your information in connection with the operation of the Sites.Wimgo
cannot and does not assume any responsibility or liability for any
information you submit, or your or third parties' use or misuse of
information transmitted or received using Wimgo tools and services.
top
15.BILLING INFORMATION
Although most of the Services require no type of payment, some
of the Services do require a fee.For such services, you are responsible
for providing a valid credit card number and you represent and warrant
that you are an authorized user of such credit card, and you agree to
pay all applicable charges.You agree that Wimgo may pass your credit
card information and related personally identifiable information to its
designated service provider(s) for their use in charging you for
appropriate services.All charges are exclusive of sales
or other taxes and you are responsible for payment of any applicable
state, local and city taxes.
top
16. CHOICE OF LAW AND FORUM
The TOU and the relationship between you and Wimgo shall be governed
by the laws of the State of Oklahoma without regard to its conflict of
law provisions. You and Wimgo agree to submit to the personal and
exclusive jurisdiction and forum convenience of the federal and state
courts located in Oklahoma City, Oklahoma.
top
17. SEVERABILITY; ENGLISH LANGUAGE
If any provision in the TOU should be held illegal or unenforceable
by a court of competent jurisdiction, such provision shall be modified
to the extent necessary to render it enforceable without losing its
intent, or severed from the TOU if no such modification is possible, and
the other provisions of the TOU shall remain in full force and effect.
The controlling language of the TOU is English. If you have received a
translation into another language, it has been provided for your
convenience only.
top
18. HEADINGS
The headings to the sections of the TOU are used for convenience only
and shall have no substantive meaning or impact on the interpretation of
the TOU.
top
19. LOCATION OUTSIDE THE U.S.
If you are located outside the U.S., then you are responsible for
complying with any local laws in your jurisdiction that might impact
your right to use the Services, and you represent that you have complied
with any regulations or registration procedures required by applicable
law to make the TOU enforceable.
top
20. ENTIRE AGREEMENT
The TOU constitute the entire agreement between you and Wimgo and
govern your use of the Services, superseding any prior agreements
between you and Wimgo. Please note, however, that some Services may have
additional or different terms related specifically to such Service only
("Service Terms"). The Service Terms are in addition to the
general terms and conditions in the TOU. If there is any conflict
between the TOU and the Service Terms, the Service Terms will govern
with respect to that particular Service. Some terms contained in the TOU
may not be applicable to a particular Service, in which case, such
inapplicable terms will not apply to you with respect to that particular
Service.
top
