Terms of Use
Access to and use of the Word of Mouse Guides, LLC ("Word of Mouse") website, www.WordOfMouse.com (the "Site") is governed by the terms of use ("Terms of Use") set forth below, as well as any applicable laws, statutes, ordinances and regulations. By accessing this Site, you agree to be bound by the Terms of Use. If you do not agree to the Terms of Use, or any posted guidelines or rules, please do not use this Site. Each time you use the Site, you should check the date of the Terms of Use (which appears at top) and review any changes since the last version.
I. Visitor Code of Conduct
The Terms of Use informs visitors of the rules and policies that govern our Site. The terms "visitors" and "users" are utilized herein to include both registered members of our Site and any other person that accesses our Site at any point for any amount of time, unless designated otherwise.
II. Privacy Policy
Word of Mouse is committed to protecting the privacy of the users of its Site. Please carefully review our Privacy Policy to understand our collection, use and disclosure practices.
III. Membership and Participation Eligibility
Visitors may be required to select a password and member name for membership registration. You are responsible for maintaining the confidentiality of your password and any membership account information. You agree to immediately notify us of: (i) any loss of your password or other account identifiers or (ii) any unauthorized use of your password or other membership account information. Word of Mouse shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms of Use.
We encourage you to keep us informed about any changes in your membership, personal contact and e-mail information. You may change, update or delete certain information in your membership file by contacting us at admin@wordofmouse.com. Visitors are responsible for providing accurate, timely and complete information to us and our operational providers, agents and affiliates in connection with a visitor's participation and/or use of this Site. If your e-mail address is cancelled or becomes inactive or inaccessible for an extended period of time, we may cancel your membership and delete all or part of your membership profile. We also reserve the right to cancel your membership in any or all Site activities if you violate any provision of this Terms of Use, violate the Privacy Policy, provide us with false information, or for any other reason, as determined by Word of Mouse in its sole discretion.
IV. Restrictions on Visitors' Use of Site Content/Intellectual Property Rights
The materials located on this Site, including without limitation, the text, graphics, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Site, are the property of Word Of Mouse or its licensors or its designees and are protected by copyrights, trademarks, servicemarks, patents, trade secrets, and other intellectual property laws. Except as expressly authorized in writing by Word Of Mouse, visitors may not modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of, in any manner, any material, content or design elements obtained from this Site, including code and software. Visitors are also prohibited from framing the Site without the express written permission of Word Of Mouse. For information on requesting such permission, please send a written request to Word Of Mouse Guides LLC, 79 West 12th Street 16A, NY, NY 10011. Decisions to grant or deny permission are within the sole discretion of Word Of Mouse.
Notwithstanding the above, visitors may print or download the material from this Site for personal or non-commercial use only, provided that the visitor does not republish the material and keeps intact all copyright, trademarks, servicemarks, patent and other proprietary notices. Use of the material for any purpose not expressly permitted in this Terms of Use, including but not limited to commercial purposes, is strictly prohibited.
V. Submission of Ideas and Materials/Interactive Areas of Site
Any communication or material you transmit to the Site by any means will be treated as non-confidential and non-proprietary by Word of Mouse. Any submissions or postings by visitors to this Site, including without limitation to the chat rooms, bulletin boards, message boards or auditoriums (collectively identified as "Interactive Areas"), will be public and posted in public areas on the Site. WordOfMouse.com may also allow users to post reviews of events, movies, and businesses ("Reviews"). There shall be no obligation to give credit or pay any consideration to any visitor for any Reviews. Visitors represent and warrant that they are the owner or otherwise have the right to provide any information or materials (including pre-existing materials) that they post or transmit for use in public or private areas on the Site or submit via e-mail to Word of Mouse. By transmitting such communications to the Site or to Word of Mouse, including but not limited to materials, submissions, postings and Reviews, visitors automatically grant Word Of Mouse, its parents, affiliates, and subsidiaries an irrevocable, royalty-free, perpetual, non-exclusive, worldwide license to use, copy, display, publish, modify, edit and create derivative works in any form, media, technology whether now known or hereafter developed and to sublicense these rights to anyone. Anything you transmit may be used by Word of Mouse for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast or posting.
Word Of Mouse, its parents, partners, affiliates, subsidiaries, members, directors, officers, employees, and any contract or operational providers that conduct, operate and/or manage the Site's Interactive Areas, will not be responsible for the action of any visitors or third parties with respect to any information, materials or content posted, uploaded or transmitted in these Interactive Areas.
You must be thirteen years of age or older to participate in WordOfMouse.com's Interactive Areas. General members of the Site may have the opportunity to register for participation in the Interactive Areas when they first apply for membership and may be required to select a member name and password for the Interactive Areas. Non-members may also be able to participate in Interactive Areas conducted, operated and/or managed by WordOfMouse.com after submitting required registration information. Interactive Areas not conducted, operated and/or managed by Word Of Mouse may require a different registration process.
For increased security, we encourage you to not include any personal information about yourself or others in Interactive Areas, such as name, phone number or street address. You should always use your screen name to identify yourself. By participating in any of the aforementioned activities, all visitors and members agree to follow WordOfMouse.com's standards of conduct. Postings to public areas may not be reviewed by Word Of Mouse prior to appearing on the Site. Nonetheless, WordOfMouse.com reserves the right to change, delete, or remove, in part or in full, any postings in Interactive Areas and to terminate or suspend access to such areas for conduct that we believe, in our sole discretion, interferes with other peoples' enjoyment, and/or cooperate with local, state, and/or federal authorities if necessary, and in accordance with applicable law.
We do our best to encourage comfort and discourage disruptive communication. We also discourage disruptive statements that incite others to violate our standards. We encourage your participation in upholding our standards of conduct. You are responsible for all content that you post, e-mail, transmit, upload or otherwise make available through our Site. You agree not to use the Interactive Areas or this Site to make available any content that: is unlawful, harmful to others, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person; or contains unauthorized advertising or solicits other visitors; or is intended by the visitor to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or materials on this Site.
WordOfMouse.com strives to make its Interactive Areas enjoyable. Our chat venues welcome people of all races, religions, genders, national origins, sexual orientations and differing points of view. When in doubt about appropriate behavior in our Interactive Areas, please remember that, although the venue is electronic, those participating in it are real people. We ask that you treat others with respect. Any conduct by a participant in the Interactive Areas that violates this Terms of Use in any way may result in the suspension or termination of the visitor's registration and access to the Site, at WordOfMouse.com's sole discretion, in addition to any other remedies. WordOfMouse.com may provide Interactive activities on a number of topics, but our staff or volunteer hosts participating in these activities do not offer professional advice of any kind and are speaking from their own experience or opinion as is helpful for the facilitation of the dialogue. These hosts claim no professional expertise or authority. We may also post additional guidelines for certain Interactive Area events. To the extent there is a conflict between the rules of a specific event and this Terms of Use, the rules of the specific event will govern. If you see objectionable content or have any questions about this Terms of Use, please contact us at admin@wordofmouse.com.
VI. Advice and Opinions
Our Site contains Reviews, views, opinions and statements of third parties, visitors and other organizations and such statements do not reflect the views of Word of Mouse, its parents, affiliates, subsidiaries, or their respective employees, officers, directors or shareholders. Word Of Mouse, its parents, affiliates and subsidiaries do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through our Site. You acknowledge that any reliance upon any such Reviews, views, advice, opinions, statement or other information shall be at your sole risk and you agree that Word Of Mouse, its parents, affiliates, subsidiaries, or their respective employees, officers, directors or shareholders shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any Reviews, views, advice, opinions, statements or other information displayed or distributed on our Site.
VII. Digital Millennium Copyright Compliance
Word of Mouse complies with the provisions of Digital Millennium Copyright Act of 1998. If you have any complaints or objections to material posted on the Site, please contact our designated agent at the following address:
David Ronick
Word Of Mouse Guides LLC,
79 West 12th Street 16A,
NY, NY 10011
VIII. Third Party Links
Our Site contains links and pointers to other sites and resources on the Internet controlled by third parties. These links are provided solely as a convenience to our visitors and do not constitute an endorsement by Word Of Mouse, its parents, affiliates or subsidiaries of any third party resources or content. Links do not imply that Word Of Mouse sponsors, is affiliated or associated with, or otherwise recommends, certifies or endorses the third party link or site. Any concerns regarding external links or websites should be directed to the respective website administrator or system operator.
IX. Choice of Law and Forum
WordOfMouse.com is originated and located in the United States, and this Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. Any dispute arising out of or relating to this Terms of Use or your access or use of this Site will be subject to the exclusive jurisdiction of the courts located within the state of New York, and you hereby submit to the personal jurisdiction of such courts. If any provision in this Terms of Use is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Terms of Use shall remain in full force and effect.
X. Indemnification
You agree to indemnify, defend and hold harmless Word of Mouse, its respective successors, assigns, parents, affiliates, subsidiaries, licensees and their past and present employees, officers, directors and shareholders from and against any suit, claim, liability, or proceeding in connection with any third party claim due to or arising out of your violation of these Terms of Use, any information or materials that you submit to our Site, or any improper or illegal use of your password or account identifiers.
XI. DISCLAIMER OF WARRANTIES
IF YOU ACCESS THIS SITE OR ANY MATERIAL AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. THE INFORMATION ON OUR SITE IS PROVIDED "AS IS." WORD OF MOUSE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE. WORD OF MOUSE DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WORD OF MOUSE DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITE, OR ANY PART THEREOF; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (VI) OTHER WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY WORD OF MOUSE.
FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT WORD OF MOUSE'S WARRANTY DOES NOT COVER TELECOMMUNICATIONS OR INTERNET OUTAGES CAUSED BY THIRD PARTIES OR OTHERWISE OUTSIDE OF WORD OF MOUSE'S CONTROL. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WORD OF MOUSE'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
XII. LIMITATION OF LIABILITY
IN NO EVENT WILL WORD OF MOUSE OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS SITE, YOUR ACCESS, USE OR INABILITY TO USE THIS SITE, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE).
WORD OF MOUSE RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THIS SITE OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WORD OF MOUSE OR ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, WORD OF MOUSE'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
XIII. Severability
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of use and shall not affect the validity and enforceability of any remaining provisions.