Proprietary Rights

wiigeeks does not claim any ownership rights in any Materials that you submit, post, or display on or through the wiigeeks Services or on the wiigeeks.com Web site. After submitting, posting or displaying Materials on or through the wiigeeks Services or on the wiigeeks.com Web site, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the wiigeeks Service, you hereby grant to wiigeeks a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely on and through the wiigeeks Service.

Without this license, wiigeeks would be unable to provide the wiigeeks Service. For example, without the right to modify your Materials, wiigeeks would not be able to digitally compress music files that you or other Members submit or otherwise format Materials to satisfy technical requirements, and without the right to publicly perform Materials, wiigeeks could not allow users and Members to listen to music posted by Members. The license you grant to wiigeeks is non-exclusive (meaning you are free to license your Materials to anyone else in addition to wiigeeks), fully-paid and royalty-free (meaning that wiigeeks is not required to pay you for the use on the wiigeeks Service of the Materials that you post), sublicensable (so that wiigeeks is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the wiigeeks Service), and worldwide (because the Internet and the wiigeeks Service are global in reach). This license will terminate at the time you remove your Materials from the wiigeeks Service, except that you agree that the license will continue solely with respect to other Members' continued use of your Materials that are not music or videos (i.e. photos or skins); provided, however if you remove any of the Materials from the wiigeeks Service, wiigeeks reserves the right to remove all of your Materials from other Member's pages. The license does not grant wiigeeks the right to sell your Materials, nor does the license grant wiigeeks the right to distribute your Materials outside of the wiigeeks Service. You represent and warrant that: (i) you own the Materials posted by you on or through the wiigeeks Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the wiigeeks Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the wiigeeks Service.

wiigeeks, Inc. and its affiliates and licensors own and retain all rights in the wiigeeks.com Web site and wiigeeks Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the wiigeeks Service by wiigeeks.com. Except as expressly authorized by wiigeeks.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of wiigeeks.com's proprietary information. 'wiigeeks' and 'wiigeeks.com' and 'ffART' are trademarks of wiigeeks, Inc.

Privacy Policy

We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy. Click here to review the wiigeeks.com Privacy Policy.

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. wiigeeks respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web site, please contact us and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site (including a URL and/or screen shot); your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Internet Access

wiigeeks shall not be responsible for any connection or access to the wiigeeks.com website by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the wiigeeks.com website via the Internet, and the Internet access charges thereon.

Termination of the wiigeeks Service

These Terms of Service will apply to your use of the wiigeeks Service. At any time, you can terminate your account which will remove your profile and other personal information from view. To learn how to cancel your account click here. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the wiigeeks Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.

wiigeeks may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the wiigeeks Service, or any part thereof, with or without notice. You agree that any termination of access to the wiigeeks Service under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that wiigeeks may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the wiigeeks Service. Where possible, wiigeeks will use reasonable efforts to give Members fair notice of termination or suspension of their access to the wiigeeks Service. Further you agree that wiigeeks shall not be liable to you or any third party for any termination or suspension of access to the wiigeeks Service or modification of the wiigeeks Service.

Disclaimer of Warranties

wiigeeks, Inc. and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents ('wiigeeks') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the wiigeeks Service.

wiigeeks further expressly disclaims (1) that the wiigeeks Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the wiigeeks Service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the wiigeeks Service or the content made available as part of the wiigeeks Service will be correct, accurate, timely, or otherwise reliable.

wiigeeks expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Materials of the wiigeeks Service input by other Members is correct or accurate.

THE wiigeeks SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS,LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE wiigeeks SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. wiigeeks EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.

YOU AGREE THAT YOUR USE OF THE wiigeeks SERVICE IS ENTIRELY AT YOUR OWN RISK.

Hold Harmless and Indemnity

You agree to hold harmless and indemnify, and at wiigeeks's request defend, wiigeeks, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the wiigeeks.com Service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, wiigeeks will provide you with written notice of such claim, suit or action.

Limitation of Liability

YOUR USE OF THE wiigeeks SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL wiigeeks, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE wiigeeks SERVICE, WHETHER OR NOT wiigeeks HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE wiigeeks SERVICE, FROM INABILITY TO USE THE wiigeeks SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE wiigeeks SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE wiigeeks SERVICE OR ANY PART OF THE wiigeeks SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE wiigeeks SERVICE AND ITS RELATED WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL wiigeeks BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1,000.00).

Notices

wiigeeks may provide you with notices regarding the wiigeeks.com Service or these Terms of wiigeeks Service by regular mail, email, or postings to this Web site.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the wiigeeks Services.

Miscellaneous

These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of Santa Clara, California. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.

Without limiting the foregoing, under no circumstances shall wiigeeks be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

These Terms of Service constitute the entire agreement between you and wiigeeks with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.