This WIKD Terms of Use Agreement (this “Agreement”) is a legal agreement between you and WIKD (“WIKD”, “we”, “us” or “our”) providing, among other things, the terms and conditions for your use of WIKD’s free and/or subscription music services (collectively, the “WIKD Services”), including our Web site http://www.wikd1025.com/ (the “Site”). We may from time to time modify these terms of use and will post a copy of the amended Agreement at http://www.wikd1025.com/terms-of-use/. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the WIKD Services (as defined below) or, if applicable, cancel your WIKD Services subscription. You will be deemed to have accepted the Agreement as amended if you continue to use any of the WIKD Services after any amendments are posted on the Site.

PARENTAL ADVISORY. IF YOU ARE A USER BETWEEN THE AGES OF 13 AND 17, PLEASE REVIEW THESE TERMS OF USE WITH YOUR PARENTS. THE WIKD SERVICES ARE INTENDED FOR USERS WHO ARE AT LEAST 13 YEARS OF AGE OR OLDER. BECAUSE THE WIKD SERVICES MAY PROVIDE ACCESS TO MUSIC THAT CONTAINS EXPLICIT CONTENT INCLUDING STRONG LANGUAGE OR DEPICTIONS OF VIOLENCE, SEX OR SUBSTANCE ABUSE, PARENTAL DISCRETION IS ADVISED FOR ALL USERS AGES 13 TO 17.

THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING OR SUBSCRIBING TO THE WIKD SERVICES. YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IN ORDER FOR YOU TO HAVE ACCESS TO THE WIKD SERVICES, THIS AGREEMENT MUST BE ACCEPTED BY YOU WITHOUT ANY MODIFICATIONS, ADDITIONS, OR DELETIONS. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE WIKD SERVICES. YOU MAY BE DENIED ACCESS TO THE WIKD SERVICES, WITH OR WITHOUT PRIOR NOTICE TO YOU, FOR NONCOMPLIANCE WITH ANY PROVISION OF THIS AGREEMENT.

Your Account Information
To use any aspect of the WIKD Services, you may be required to register and provide certain information, including a member or user name, a password and a valid email address (the “Account Information”). You agree that the Account Information that you provide is true, accurate, current and complete information about yourself and your billing information, if applicable. We shall treat all of your Account Information with the utmost respect for its confidential nature, and in accordance with our Privacy Policy.

You are solely and entirely responsible for maintaining the confidentiality of your password, and for any and all activities that occur under your account. If you believe someone has accessed any Service using your user name and password without your authorization, it is your responsibility to set up a new password. To do this, go to the Sign In screen, click the “Forgot your Password?” link, and follow the instructions. WIKD will not be responsible for any losses arising out of the unauthorized use of your user name, password and/or account, and you agree to indemnify and hold harmless WIKD, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.

Privacy Policy
Unless otherwise addressed in this Agreement, the WIKD Services are subject to WIKD’s Privacy Policy, that can be found at http://www.wikd1025.com/privacy-policy/ and that by reference is made a part of this Agreement. It is important that you read and understand the terms of WIKD’s Privacy Policy. WIKD may cooperate with and disclose information (including your Account Information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of the WIKD Services.

License
WIKD grants to you a limited, non-exclusive, non-transferable license to access and use the WIKD Services in the United States for personal non-commercial purposes only. If you subscribe to any of the WIKD Services, this license is contingent upon your payment of any applicable subscription fees and your compliance with any other terms and conditions applicable to you as a subscriber.

By subscribing to or accessing any Service, you are representing to us that you are authorized to use the credit card you submit for payment and that you reside in the United States. If you are a parent or guardian paying on behalf of a minor or other person, then you hereby agree to the terms of this Agreement and agree to take responsibility for the actions of such other person, any charges associated with that person’s use of any of the Services, and that person’s compliance with this Agreement.

You agree to take such steps as are appropriate to ensure such compliance and will indemnify and hold WIKD and its affiliates and distribution and syndication partners harmless from any breach of this Agreement. Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the WIKD Services. WIKD reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE WIKD SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.

Restrictions
You agree that you will not:

  • use the WIKD Services to reproduce copyrighted materials;
  • copy, store, edit, change, prepare any derivative work of or alter in any way any of the tracks streamed through the WIKD Services;
  • make the WIKD Services available over a network (other than WIKD’s network) where it could be used by others;
  • provide your password to any other person;
  • translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the WIKD Services or any portion of them;
  • circumvent any technology used by WIKD or its licensors to protect content accessible via the WIKD Services;
  • rent, lease or sublicense any of the WIKD Services;
  • collect and use any product listings, descriptions, or prices;
  • use any data mining, robots, or similar data gathering and extraction tools;
  • download or copy account information for the benefit of another merchant;
  • frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of WIKD and our affiliates;
  • use any meta tags or any other “hidden text” utilizing WIKD’s name or trademarks; or
  • use the WIKD Services in any way that violates the terms of this Agreement.

 

Security
The WIKD Services utilize technology to protect transmitted digital information. Your use of the WIKD Services may be limited by such technology. You acknowledge that, from time to time, WIKD may modify or discontinue using such technology. Security modifications made by WIKD may from time to time include required or automated updates, modifications, patches, and/or reinstallations of software. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.

Copyrights
As between you and WIKD, you acknowledge that WIKD owns or has a license to all title and copyrights in and to the WIKD Services, including all content on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software. All title and intellectual property rights in and to the licensed content in the WIKD Services is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.

WIKD Trademarks and Third-Party Trademarks
The following are registered trademarks or trademarks of WIKD: WIKD, and its design logo, as well as certain other WIKD trademarks, service marks, graphics, and logos (collectively, the “WIKD Trademarks”) used in connection with the WIKD Services. The WIKD Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to WIKD Trademarks or the trademarks of any third party.

Electronic Communications
When you visit WIKD or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY WIKD ON AN “AS IS” AND “AS AVAILABLE” BASIS. WIKD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

WIKD DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM WIKD ARE FREE OF VIRUSES, INTERFERENCE, HACKING OR OTHER HARMFUL COMPONENTS AND WIKD DISCLAIMS ANY LIABILITY RELATING THERETO. WITHOUT PRIOR NOTICE, WIKD MAY MODIFY, SUSPEND, OR DISCONTINUE THE WIKD SERVICES (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER WIKD ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WIKD SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.

WIKD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. WIKD DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THE WIKD SERVICES. WIKD WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT. SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE WIKD SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT WIKD ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.

INDEMNITY
YOU WILL INDEMNIFY AND HOLD WIKD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE WIKD SERVICES.

Third Parties
WIKD or its business partners may present advertisements or promotional materials on or through the Site and the WIKD Services. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that WIKD is not 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 third parties on the Site. The Site and the WIKD Services may present links to third-party Web sites not owned or operated by us. We are not responsible for the availability of these third-party sites or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or goods or services available through any such third-party site.

Applicable Law and Assignment
By visiting the WIKD website or using the WIKD Services, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and WIKD  or its affiliates.

You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.

Disputes
Any dispute relating in any way to your visit to the WIKD website or to products or services you purchase or use through WIKD  shall be submitted to confidential arbitration in Daytona Beach, Florida, except that, to the extent you have in any manner violated or threatened to violate WIKD’s intellectual property rights, WIKD may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.