WoodTalk Terms & Conditions
Last updated: June 25, 2018
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using WoodTalk (the "Service") operated by FallenWood including its officers, directors, employees, agents and representatives ("FallenWood", "us", "we", “its” or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all members who use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
When you create a member account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
At our sole discretion we may terminate or suspend access to our Service immediately, including deactivating, restricting, suspending, terminating or deleting any accounts, screen names, profiles or other information associated with you, including the ability to submit comments without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. We may refuse or remove any material posted on, submitted to or communicated through the Service by you.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Service contains content created by or on behalf of FallenWood. All content provided on this Service is for informational purposes only. FallenWood makes no representations as to the accuracy or completeness of any information on this Service, nor for any errors or omissions of this information, nor for the availability of this information, nor for information found by following any link.
You acknowledge that, by viewing the Service or communications transmitted through the Service, you may be exposed to content that is false, offensive or otherwise objectionable to you or others, and you agree that under no circumstances shall FallenWood be liable in any way, under any theory, for any content. You acknowledge and agree that the Service, and the contents thereof, is proprietary to FallenWood and is or may be protected by copyright, trademark, patent and other intellectual property rights and laws. You agree that you will not access or use the Service or any of the content thereof for any reason or purpose other than your personal, non-commercial use. You agree that you will not systematically retrieve data or other content from the Service by any means, and you will not compile a database or directory of information extracted from the Service. You agree that you will not reproduce, distribute or make derivative works of the Service or any of the contents thereof without the express consent of FallenWood.
You hereby agree to indemnify, defend and hold harmless FallenWood from and against any and all liabilities, losses, claims, damages, and expenses (including reasonable attorneys’ fees) in connection with any claim arising out of your use of the Service or violation of any of these Terms.
FallenWood respects the intellectual property rights of others, and under appropriate circumstances will terminate access to the Comments feature of the Service by users who infringe the copyrights of third parties. If you believe that the copyright in your work has been infringed on the Service, please provide written notice of your claim of copyright infringement to FallenWood, in accordance with the Digital Millennium Copyright Act (in Canada referred to as the Notice and Notice Regime).
When using the Comments submission on the Service (by clicking the Publish button) you agree to be bound by the terms, conditions, rules and policies set forth in this section of the Terms. If you disagree to this, do not submit comments to this Service.
You must be 18 years of age or older to submit a Comment. By submitting a Comment and accepting these Terms through your clicking of the Publish button, you represent that you are at least 18 years old.
FallenWood has the right, but not the obligation, to alter, modify, discontinue or remove any content submitted by you as a Comment at our sole discretion, at any time, and for any reason or no reason, without providing any prior notice.
You agree that, when using the Service or any of the features thereof, you will not:
Violate any applicable law or regulation;
Interfere with or damage the Service;
Transmit or introduce to the Service or to other users thereof any viruses, cancel bots, Trojan horses, flood pings, denial of service attacks, or any other harmful code or processes;
Infringe the rights of any third party, including but not limited to any intellectual property rights, privacy rights, publicity rights or contractual rights;
Transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful or otherwise objectionable content or material;
Transmit or submit any unsolicited advertising, promotional materials, or spam;
Stalk or harass any user or visitor to the Service; or
Use the content or information Comments available on the Service for any improper purpose;
Use the content or information Comments available on the Service for any commercial or monetary purpose.
You retain the Copyright in any Comment you submit to the Service. By submitting a Comment, you agree to grant us an irrevocable, non-exclusive, royalty-free, perpetual license to use the material or commentary that you have submitted, in any medium and in any manner that we may, in our sole discretion, choose.
You agree not to include in your Comment:
Any false, defamatory, libelous, abusive, threatening, racially offensive, sexually explicit, obscene, harmful, vulgar, hateful, illegal, or otherwise objectionable content;
Any content that may be harassing of any other Service contributors or other third parties;
Any content that personally attacks an individual whose identity can be easily learned from what you post (An example of a personal attack is posting negative comments about an individual in a way meant to demean that person. Note that posting your opinion about someone’s ideas or actions is not a personal attack);
Any content that discloses private or personal matters concerning any person;
Any content that you know to be false, misleading, or fraudulent;
Any content that violates the property rights of others, including unauthorized copyrighted music, images or programs, trade secrets or other confidential or proprietary information, and trademarks or service marks used in an infringing fashion;
Any use of profanity;
Any content including advertisements or otherwise focused on the promotion of commercial events or businesses, or any request for or solicitation of money, goods, or services for private gain;
Any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
Any content directly or indirectly soliciting responses from minors (defined as anyone under 18 years of age).
You assert that the information, pictures, music and other files you contribute are your own, are licensed to be uploaded and downloaded by other participants, are in the public domain, or are otherwise free of copyright or other restrictions. If any part of the Comment is not your original work, it is your responsibility to obtain permission from the copyright owner before making that Comment available on the Service.
You are solely responsible for the Comments you upload, post, transmit or otherwise make available to others using this Service. Under no circumstances will FallenWood be liable in any way for any Comments posted on or made available through this Service by you.
You understand that the Service does not generally pre-screen Comments posted on or available through the Service by individual authors, and that it has no obligation to do so. FallenWood has the right (but not the obligation) in its sole discretion to remove any Comment that is posted on or available through the Service. Without limiting the foregoing, FallenWood will have the right to remove any Comment that violates these Terms or is otherwise deemed objectionable by FallenWood in its sole discretion.
You acknowledge and understand that the Comments feature of the Service is designed to permit users to post information and commentary for public review and comment and thus you hereby waive any expectation of privacy you may have concerning any likeness or information provided to the Service by you.
You are solely responsible for your interactions with other users or visitors of the Service. FallenWood shall have the right, but not the obligation, to monitor interactions utilizing the facilities of the Service, between you and other users or visitors of the Service. You acknowledge and agree that FallenWood shall not be, and you shall not seek to hold it responsible for any harm or damage whatsoever arising in connection with your interaction with other users or visitors of the Service.
FallenWood does not verify any information posted to or communicated via the Comments of the Service by users and does not guarantee the proper use of such information by any party who may have access to the information. You acknowledge and agree that FallenWood does not assume, and shall not have, any responsibility for the content of messages or other communications sent or received by users of the Service.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Fallenwood.
Fallenwood has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Fallenwood 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 services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Disclaimer Of Warranty / Limitation Of Liability
You expressly agree that use of the Service is at your sole risk. Neither FallenWood warrant the Service will be uninterrupted, timely, secure or error free. The Service is provided on an “as is” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchant-ability or fitness for a particular purpose.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay, communication line failure, theft or destruction or unauthorized access to, alteration of or use, whether for breach of contract, tortious behavior, negligence or under any other cause of action. You specifically acknowledge and agree that FallenWood shall not be liable for the defamatory, offensive or illegal conduct of users of the Service, and that the risk of injury from the foregoing rests entirely with you.
In no event will FallenWood be liable for any damages, including without limitation direct, indirect, incidental, special, consequential or punitive damages, even if we have been advised of the possibility of such damages, arising from, relating to or connected with the use or inability to use the Service or any other matter arising from, relating to or connected with the Service or these Terms.
These Terms shall be governed and construed in accordance with the laws of Alberta, Canada, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time without notice to you by posting revised Terms here. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Service.
If you have any questions about these Terms, please contact us.