Terms of Use

Wicked Plugins Terms of Use

Please read these terms carefully.  These are the binding terms for use of the Wicked Plugins website and our software.

  1. Your Acceptance
    1. By using or visiting the Wicked Plugins website or any Wicked Plugins-related products, software, data feeds, and services provided to you on, from, or through the Wicked Plugins website or any tablet- or smartphone-based application (collectively the “Service”) you (“User”) signify your agreement to (1) these terms and conditions (the “Terms of Use”), and (2) the Wicked Plugins Privacy Policy, found at https://wickedplugins.com/privacy-policy/ and incorporated herein by reference. If you do not agree to any of these terms or the Wicked Plugins Privacy Policy, please do not use the Service.
    2. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version at https://wickedplugins.com/privacy-policy/. Wicked Plugins may, in its sole discretion, modify or revise these Terms of Use and policies at any time, with or without notice, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.
  2. Service
    1. These Terms of Use apply to all Users of the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, or access through, the Service.
    2. The Service may contain links to third party websites that are not owned or controlled by Wicked Plugins. Wicked Plugins has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Wicked Plugins will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Wicked Plugins from any and all liability arising from your use of any third-party website.
    3. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
  3. Wicked Plugins Accounts
    1. In order to access some features of the Service, you will have to create a Wicked Plugins account. You may never use another user’s account without that user’s permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Wicked Plugins immediately of any breach of security or unauthorized use of your account at the following address: hello@wickedplugins.com.
    2. Wicked Plugins will not be liable for any activity resulting from any unauthorized use of your account. Users, however, may be liable for the losses of Wicked Plugins or others due to any unauthorized use of the Service.
  4. General Use of the Service—Permissions and Restrictions
    Users may only exercise the rights explicitly stated in these Terms of Use. Wicked Plugins hereby grants you permission to access and use the Service as set forth in these Terms of Use, subject to the terms and conditions herein, provided that:

    1. You agree not to distribute in any medium any part of the Service or the Content without prior written authorization from Wicked Plugins, unless Wicked Plugins makes available the means for such distribution through functionality offered by the Service (such as an embeddable widget).
    2. You agree not to alter or modify any part of the Service.
    3. You agree not to use the Service for any of the following commercial uses unless you obtain prior written approval from Wicked Plugins:
      • The sale of access to the Service or Content;
      • The sale of advertising, sponsorships, or promotions placed on or within the Service or Content, or any other activity of a commercial nature; or
      • The sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service.
    4. Commercial uses of the service must be explicitly authorized in writing by Wicked Plugins.
    5. You agree not to use or launch any automated system, including without limitation, robots, spiders, or offline readers, (collectively, “Automated Systems”) that accesses the Service. Notwithstanding the foregoing, Wicked Plugins grants the operators of public search engines permission to use Automated Systems to copy Content from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the Service, but not caches or archives of Wicked Plugins Content. Wicked Plugins reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
    6. In your use of the Service, you will comply with all applicable laws.
    7. Wicked Plugins reserves the right to discontinue any aspect of the Service at any time.
  5. Your Use of Content
    In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content:

    1. Intellectual Property. The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to Wicked Plugins, subject to copyright and other intellectual property rights under the law, and may not be altered, removed, or reproduced without the express written consent of their owner(s).
    2. Content Use. Content is provided to you AS IS without warranty of any kind whatsoever. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Use. You shall not download any Content unless you see a “download” or similar link displayed by Wicked Plugins on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Wicked Plugins or the respective licensors of the Content. Wicked Plugins and its licensors reserve all rights not expressly granted in and to the Service and the Content.
    3. Access Rights. You agree to access Wicked Plugins through explicitly authorized means and not to prevent others from doing the same. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
    4. Quality Assurances. You understand that Wicked Plugins makes no assurances or guarantees to the quality, accuracy, utility, or safety of any of the Content provided through The Service.
  6. Account Termination Policy
    1. Wicked Plugins may terminate a user’s access to the Service without notice if, under appropriate circumstances, the user is determined to be a repeat infringer.
  7. Warranty Disclaimer
    YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WICKED PLUGINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. WICKED PLUGINS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY OTHER SITES OR SERVICES LINKED TO FROM THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WICKED PLUGINS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WICKED PLUGINS INC. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
  8. Limitation of Liability
    IN NO EVENT SHALL WICKED PLUGINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.YOU SPECIFICALLY ACKNOWLEDGE THAT WICKED PLUGINS SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Service is controlled and offered by Wicked Plugins from facilities in the United States of America. Wicked Plugins makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
  9. Indemnity
    To the full extent permitted by applicable law, you agree to defend, indemnify and hold harmless Wicked Plugins, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Service.
  10. Ability to Accept Terms of Use
    You affirm that you are either 18 years of age or older, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
  11. Assignment
    These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Wicked Plugins without restriction.
  12. General
    You agree that: (i) the Service shall be deemed solely based in the State of Washington, United States of America; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Wicked Plugins, either specific or general, in jurisdictions other than the State of Washington, United States of America. These Terms of Use shall be governed by the internal substantive laws of the State of Washington, United States of America, without respect to its conflict of laws principles. Any claim or dispute between you and Wicked Plugins that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in King County, Washington, United States of America. These Terms of Use, together with the Privacy Notice at https://wickedplugins.com/privacy-policy/ and any other legal notices published by Wicked Plugins on the Service, shall constitute the entire agreement between you and Wicked Plugins concerning the Service. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Wicked Plugins’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Wicked Plugins reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Service following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND WICKED PLUGINS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Dated: December 29, 2016