Wikinut terms of use

Chief NutStarred Page By Chief Nut, 8th Nov 2009 | Follow this author | RSS Feed | Short URL http://nut.bz/n0qufgw6/
Posted in Wikinut>Guides>Using Wikinut>Legal

Everybody that uses Wikinut must agree to and abide by our Terms Of Use, outlined in detail here.

Introduction

Wikinut is a new kind of community that allows users to not only help add and moderate content, but also share in the rewards of any money earned from adverts.

We want the system to be as fair and transparent as possible, and so we've outlined how the system works here as simply as we can. If you want to join our community and contribute to Wikinut, please read these Terms Of Use carefully as they explain how Wikinut works. We describe how copyright, payments and other key issues are handled, and list the responsibilities of all parties involved.

We'd love you to become as passionate as we are about Wikinut, so please have a read and get involved.

These Terms Of Use shall be governed by and construed in accordance with English Law and you agree to submit to the exclusive jurisdiction of the English Courts. These Terns and Conditions represent the entire agreement between Us and you with respect to this subject matter.

Types of user and acceptance

To ensure you understand the meaning of these Terms Of Use, we'll first outline the different types of user and roles involved:

  • The Website - these Terms Of Use contain legally binding terms and conditions for use of wikinut.com, referred to throughout as the Website.
  • We/Us/Our - refers to Wikinut Ltd, operators of the Website registered number 07040100 in England and Wales, any company of which it is a Subsidiary (its Holding Company) and any Subsidiaries of the Company or of any such Holding Company.
  • Authors - these are the lifeblood of Wikinut at they are the people that write new content, and update their previous contributions. They build the site.
  • Moderators - they are the conscience of Wikinut as they edit the content, and ensure that it complies with our guidelines. They prune the site.
  • Referrers - these are social animals that tell all their friends about Wikinut and earn a commission for any that sign up. They grow the site.
  • Readers - are the point of Wikinut. They come to the Website, read the content, and hopefully see adverts that interest them. They pay for the site.

These Terms Of Use tell you the terms on which you may make use of the Website. By using the Website you accept that you have read, understood and agree to be bound by both these Terms Of Use and our privacy policy. These Terms Of Use apply in their entirety to Authors, Moderators, Referrers and Readers; every single visitor to the Website will be deemed an Author, Moderator, Referrer or Reader, or a combination depending on their activity. Please read these Terms Of Use carefully before you start to use the site. You may only use the Website if you agree to abide by these terms and conditions, and by all applicable laws.

If you do not agree to accept these Terms Of Use, you should cease to use the Website immediately.

Eligibility

By accessing and/or using the Website, you represent and warrant that:

  • You are eighteen (18) years of age or older.
  • You are legally capable of entering into binding contracts.
  • You are not breaking any applicable laws by using the Website.
  • You agree to abide by these Terms Of Use.

If you wish to become an Author, Moderator or Referrer you will need to register a Wikinut account. You should keep any login details confidential, and you must not disclose them to any third party. You will be solely responsible for any activities undertaken on the Website under your username. By registering on the Website you confirm that:

  • You will enter any information honestly and accurately
  • You will endeavour to update your registered details to reflect any changes in your information

Royalty payments

Royalty payments are the share of the total advertising revenue that we return to our Authors, Moderators and Referrers. Advertising revenue is made up of commissions, revenue shares, one off payments and any other form of income generated by adverts shown on Author Material published on the Website. Our system is designed to track those pages that are generating revenue, and return the appropriate share to the relevant users.

Users earn royalties through the following activities:

  • Authors write content and upload images, creating one or more Pages. Once created, a Page will be associated with an Author for the life of the Page.
  • Moderators review Author Pages, and either publish them to the Website or reject them pending further changes by the Author. Once published, a Page will be associated with the Moderator for as long as the Page remains unchanged. Any future amends to the Page will require subsequent moderation; the Moderator that republishes the Page will then be associated with the Page.
  • Referrers use tracked links to send new users to the Website, and for any of these referred users that register an account on the Website the Referrer will be associated with those Authors' Pages for the life of their publication.

Royalties, excluding any promotional bonuses or ad hoc promotional payments, are paid as follows:

  • Authors will receive 50% of the advertising revenue from their Pages in royalties
  • Moderators will receive 5% of the advertising revenue in royalties from any Pages that they have reviewed and published, and that have not been subsequently republished by another Moderator.
  • Referrers will receive 5% of the advertising revenue in royalties from any Pages that have been written by Authors that are associated with the Referrer.

At the time of writing, our systems cannot track with 100% guaranteed accuracy the advertising revenues generated by specific pages, but we will always allocate royalty payments as accurately as our systems allow at the time of allocation.

We send payments out on a monthly basis, on or before the 10th of the month. Such amounts will only fall due for this purpose when We have received payment in full from the third parties concerned. Payments will be made to any Wikinut user whose balance at the end of the penultimate month was £5.00 (or currency equivalent) or greater. The payment will be equal to the account balance at the end of that penultimate month, with any smaller balances being rolled over to the following month. For a payment example, see our Wikinut payment page.

Payments will be sent to your Paypal account (or any similar account defined by Us as acceptable from time to time) via the Paypal account email address (or appropriate alternative identification as specified by Us) registered to your Wikinut account. Records of your payment history can be found in your Wikinut account payment page.

We reserve the right to make reasonable alterations to the basis of calculation of royalties to Authors, Moderators and Referrers at any time. Although our intention is to calculate royalty payment from the total gross advertising revenue, We reserve the right at any point to make deductions from any shared revenue for the purposes of tax charges, duties, withholding taxes, value added taxes or equivalent, insurance costs, service fees, marketing, administration costs, payment charges and any other standard deductions.

We reserve the right to audit any information we receive from third parties in connection with commissions or payments, and to investigate any activity designed to artificially inflate royalties. We will determine, in our absolute discretion, whether any such manipulation has taken place and in what circumstances and we reserve the right to amend the level of payment due as a result of such actions having been taken.

Proprietary rights and grant of licence

We do not claim ownership of your Material. Any Material will be owned by you or the third party who authorised you to publish and use the Material.

You may only submit Material to the Website in which you own all intellectual property rights or for which you have the authorisation of the third party who does own those rights. Minors may not submit Material to the Website.

By posting, uploading or submitting Material to the Website, you grant Us a worldwide, non-exclusive, royalty free, permanent irrevocable perpetual right and licence to:

  • Use, reproduce, publicly display, publicly perform, distribute, modify, store, transmit, broadcast, adapt and publish the material Material, in whole or in part solely for the purpose of displaying, distributing and promoting your material on or in connection with the Website.
  • Modify, reformat, adapt, translate and create derivative works from the Material, in whole or in part.
  • Sublicense the foregoing rights, in whole or in part, to any third party, for commercial and business purposes (with or without a fee, at our discretion). We may exercise these rights in any manner, and by any media and means of conveying information, whether now or hereafter known and for any purpose, including but not limited to, editorial, commercial or promotional purposes.

We have the right to modify or edit the Material. While your retain ownership of all right, title, and interest in the Material itself, you agree that We own all right, title and interest in any compilation, collective work or other derivative work created by Us using or incorporating the Material.

You further irrevocably and unconditionally waive any moral rights you have in any Material and you waive all rights to inspect and approve use of the Material.

We may archive and store your Material (including, for a commercially reasonable time, Material you have removed from the Website), and may disclose such content if required to do so by law or if We believe in good faith that such preservation or disclosure is reasonably necessary to:

  • Comply with legal process.
  • Enforce these Terms Of Use.
  • Respond to claims that any Material violates the rights of third parties.
  • Protect the rights, property, or personal safety of Us, our Readers, Authors, Moderators, Referrers and the public.

Content we do not publish

Wikinut is a home for a huge variety of topics, styles and content. However, We will not publish content that in Our sole opinion could be described as:

  • Pornographic, vulgar, obscene or otherwise objectionable.
  • Defamatory, libellous, hateful, tortious or invasive of privacy.
  • Containing personally identifiable information about any child under the age of 13.
  • Discriminatory or intolerant against any individual, group or organisation based on race, religion, gender, nationality, disability, sexuality or age.
  • Promoting or providing instructional information about illegal activities.
  • Promoting any act of cruelty or violence.
  • Deliberately deceitful, fraudulent or false.
  • Being designed to solicit personal, banking or security information.
  • Infringing intellectual property rights, for example having a copyright owned by any party other than you that has not given you permission to use and publish.
  • Designed to generate any commercial activities, including but not limited to third party affiliate schemes or sales, without or prior written agreement from Us.
  • Misleading any reader to believe it may have been written by Us.
  • Unlawful.
  • Being an activity listed in the Activities we do not tolerate section below, or which can, in our sole opinion, be perceived as promoting, condoning or supporting any of the activities listed in that section.

The above list is provided for example purposes only and is not exhaustive.

Any Material provided by Website users may contravene these Terms Of Use, and We assume no responsibility or liability for any Material posted in contravention of these Terms Of Use.

Activities we do not tolerate

There are certain activities that We prohibit on the Website, or deem to be illegal:

  • Any attempts to manipulate any statistics relating to page views or advert clicks
  • Any attempts to manipulate or simulate clicks on adverts of your own or any other Author.
  • Any attempt to obscure or replace any adverts on pages on the Website by manipulating content on your pages, or the pages of any other Author.
  • Any overt promotion of any unauthorised business or commercial enterprise, to Readers or any other Authors or Moderators without prior written permission from Us.
  • Automated scripting on any scale and of any type without prior written permission from Us.
  • Deliberate impersonation of a Wikinut staff member, or any other Author, Moderator, Referrer or Reader.
  • Attempts, whether successful or not, to access the account of any other Author, Moderator, Referrer.
  • Selling or otherwise transferring your Author, Moderator, Referrer account to any third party.
  • Any criminal or unlawful activity of any kind.
  • Any use of the Website for unlawful or fraudulent activities, or for any purpose that breaches any applicable laws and regulations.
  • Deliberate transmission of any viruses, worms, Trojan horses, keystroke loggers, spyware, adware or any other harmful computer code designed to interfere or impact the operation of any computer software, firmware or hardware.
  • Attempts to access software, firmware, hardware or any other equipment used to serve and store the Website.

Privacy

The use and storage of any personal information provided to us in connection with your use of the Website is governed by our Privacy policy. You agree to be bound by the terms of our Privacy policy.

By submitting Material and clicking on the Agree & Publish button, you agree that:

  • We may use information that you provide to Us when you submit Material, in accordance with Our Privacy Policy.
  • We may transfer and disclose this information, including personally identifiable information, to third parties in any jurisdiction for any of the purposes set out in the "Proprietary rights and grant of licence" section above and for the purpose of monitoring the website.

Account handling

We do not charge Authors, Moderators or Referrers any fees for registering an account on the Website. Nor do We charge any fees for regular users of the Website.

However, your Wikinut account will be deemed to be inactive if you do not login to your Wikinut account in any continuous period of 365 days. Once your Wikinut account is deemed to be inactive, you agree to pay Us a monthly service fee of £0.50 (or the then applicable fee) or currency equivalent (or the current balance of your Wikinut account, if less) so long as a balance remains.

You authorise Us to debit this fee from your Wikinut account on the first day of the month following the day on which your Wikinut account is deemed inactive, and on the first day of every subsequent month that your Wikinut account remains inactive, until your Wikinut account becomes active again or the balance of your Wikinut account is nil.

Our liability

Due to the open nature of the Website, We assume no responsibility for monitoring for inappropriate or unlawful Material, including but not limited to defamatory statements. Any Material does not reflect our opinions, views or policies. You agree to waive your right to object to derogatory treatment of your Material. We expressly exclude our liability for any loss or damage arising from the interaction of other users in relation to the services provided on the Website.

Any Material published on the Website is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such Material by any Reader, Author, Moderator or Referrer of the Website.

While we will make all commercially reasonable efforts to ensure that any inappropriate Material that is brought to our attention is removed from the Website, we expressly exclude liability for the Material or any damage you may suffer as a result of the Material published on the Website which is provided without any guarantees, conditions or warranties as to its accuracy or lawfulness. To the extent permitted by law, We, any Group Company and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or consequence of the use of the Website, any websites linked to it and any content posted on it, including, without limitation any liability for:
  • - Loss of income or revenue, anticipated savings, profits, contracts or business
    - Loss of goodwill
    - Wasted management or office time
    - Any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Copyright infringement and defamation policy

Our procedure for reporting copyright infringement is explained here. Any notification of defamatory Material can be sent directly through Our Contact us page.

If We receive notice of any Material that requires removal from the site, We will use all commercially reasonable efforts to promptly determine and correct the problem.

Termination and restriction

In Our absolute discretion, including but not limited to Our belief that you have contravened these Terms Of Use, We reserve the right to take any or all of the following actions:

  • Suspend, restrict or permanently deny you access to the Website.
  • Withdraw your registration as either an Author, Moderator or Referrer.
  • Remove your Author or Moderator profile.
  • Remove any pages, comments, images or other content that you have Authored or Moderated.
  • Issue a written warning to you.
  • Initiate legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Pursue further legal action against you.
  • Fully disclose any information deemed relevant to the necessary authorities.

You agree that We shall not be liable to you or to any third party for any suspension, restriction or denial of access or for any consequences that may arise as a result of such suspension, restriction or denial of access.

We exclude liability for any actions taken in response to breaches of these Terms Of Use.

The actions described in these Terms Of Use are not definitive, and we may take any other action we reasonably deem appropriate. This agreement will remain in full force and effect for the full duration of your use and access of the Website. Our rights and all disclaimers, indemnities, warranties and exclusions under these terms and conditions in particular, the sections headed "Warranties and representations" and "Indemnity" shall continue with full force and effect upon the occurrence of any of the events listed above.

Website access

We will endeavour, within all reasonable limits, to make the Website available at all times. Not withstanding this, We may need to temporarily withdraw access to the Website or parts of the Website without notice, for maintenance or updates of the Website, or any other reason. We reserve the right to modify or discontinue, temporarily or permanently, the services provided by Us or any portion thereof at any time, without liability to you or any third party.

We will not be liable to you for any delay or other failure to comply with our obligation (if any) where the delay or failure arises from any event or cause that is beyond our reasonable control.

Warranties and representations

You represent and warrant that you have the right, power and authority necessary to enter into these Terms Of Use, to fully perform you obligations hereunder, and to grant the licences referred to above. You represent and warrant that you will fully comply with your obligations under these Terms Of Use.

You are solely responsible for any Material, including words, images, comments or any other content, that you post, upload or submit to the Website. You represent and warrant that you have all rights necessary for the reproduction, distribution, transmission, public performance, public display, and other exploitation of the Material as permitted under these Terms of use. You represent and warrant that your Material:

  • Does not include any content which that contravenes the guidelines described in these Terms Of Use.
  • Does not infringe the intellectual property rights, privacy rights or any other rights of any party.
  • Does not breach any legal obligations, such as a contractual duty or a duty of confidence owed to a third party.
  • Does not breach any other legislation or is otherwise unlawful.

Indemnity

You agree to indemnify Us and any group company, and hold Us, any group company or affiliates, and each of their directors, employees, agents and subcontractors, harmless from and against any liability, damage, claim, loss, demand or expenses (including any associated costs) arising out of or in connection with any breach of these Terms Of Use and and in particular any breach of any representation or warranty set out in the Terms Of Use. You agree not to hold Us or any of our affiliates responsible for any liability resulting from the use of the Material, or any part of the Material, in accordance with these Terms Of Use, including (without limitation) anything which might be deemed to be a misrepresentation of you, your character or person due to the use of the Material, or any part of the Material.

Changes to these terms

If We need to update these Terms Of Use from time to time We will highlight the changes through the Website messaging system for Authors and Moderators, and announce them on the homepage for all users including Readers. We also suggest you check these Terms Of Use from time to time as they are legally binding on you.

Amended Terms Of Use will become effective as soon as they are posted on the Website, and if you do not accept the amendments you should cease to use the Website immediately. Continued use of the Website after an amendment will constitute acceptance of the updated Terms Of Use.

Contact

If you need to contact Us for any reason relating to these Terms Of Use, please see Our Contact us page.

Further definitions

  • Material means any text, photographs, pictures, images or any other content including without limitation graphics, video, data, text, files, hyperlinks, URLs, software, music, sound or other content that is uploaded, posted, sent or submitted to the Website.
  • Company means Wikinut Ltd, registered number 07040100 in England and Wales.
  • Group Company means means the Company and all companies which are for the time being either a Holding Company of the Company or a Subsidiary of either the Company or any such Holding Company.
  • Subsidiary and Holding Company shall have the meanings ascribed to them by section 1159 of the Companies Act 2006 or any statutory modification or re enactment thereof.
  • Terms Of Use refers to these terms and conditions (together with the documents referred to on it, including our Privacy policy).

Tags

Conditions, Rules, Terms, Use, Wikinut

Meet the author

author avatar Chief Nut
Overly excited co-founder, keen to share the buzz so please get Wikinutting and give us some feedback! I'll be writing about new features as we add them to the site, and a few other topics as well.

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