What are the Terms of Use?
The Terms of Use are set out below.
You may not make any changes to or any modification of these terms.

If you want to use the Service you must accept the Terms of Use.

Why should I read them?

It is very important that you fully understand the Service that is being offered to ensure you use the Service appropriately. Wiqii has written the Terms of Use in a manner which Wiqii hopes will enable you to easily understand the nature of the Service offered and the Terms under which it must be used.

TERMS OF USE

A. Acceptance of Terms
The Terms of Use ('TOU') are the only basis upon Wiqii, herein referred to as the 'Service'. You may not make any changes to or modification of these terms. By registering and being a member you agree to be bound by all Terms and Conditions of the Service.

B. Wiqii's Obligation to You
Subject to the TOU, Wiqii will:

1. Inform you of any changes to the TOU from time to time. See Modification to the TOU.
2. Remind you of aspects of 'Your Obligation to Wiqii' at appropriate times during your use of the Service.
3. Treat your personal information in a responsible manner. See Security and Member Privacy.
4. Supply the Service using operating procedures designed to ensure the Service's security and System availability.
5. Answer any questions you have regarding the TOU, Service and the operation of your account.

C. Your Obligation to Wiqii
You will accept liability for some events which may occur. See Indemnification.

1. You will read, acquaint yourself fully and comply with all aspects of the TOU. If there are any aspects which you do not fully understand you will seek clarification from Wiqii.
2. You are aged 13 or over. Or your parent or guardian gives consent to use the service.
3. You will at all times use the Service in good faith and in a responsible manner.
4. You will not allow anyone other than yourself and Wiqii to access your account.
5. You will use the Service solely for your own benefit and shall not sell, lease, assign, lend, hire or gift any part of the Service in whole or in part to any other person without Wiqii's prior written approval.
6. You will use the Service only for lawful purposes and in a manner which does not infringe the rights of or restrict or inhibit the use of the Service by any Member and/or Wiqii.
7. Comply with all terms of Members Conduct and Member Account Registration of the TOU.

D. Security and Member Privacy
You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all Member accessible activities that occur under your account. You agree to notify Wiqii immediately on becoming aware of any unauthorized use of your password or account or any other breach of security.
Wiqii has put in place security measures to protect against the loss, misuse and alteration of the information collected.  A 'firewall' (an internet security device) sits between the Wiqii website and the internet to help prevent any unauthorized user from accessing any data.
You agree that Wiqii and its authorized employees can access your account, including its contents as stated above, or to respond to support queries or technical issues or to fulfill the obligations under this Agreement. To learn more about how the Service deals with privacy then please see the FAQs in the Privacy Policy

Wiqii understands and respects your rights of privacy. It is because of this philosophy that subject to the exclusions below, your personal details provided to Wiqii will not be sold or otherwise distributed to third parties.
Wiqii reserves the right at all times to monitor, review, retain, and/or disclose in good faith any information it believes in good faith that such action or disclosure is necessary to conform to legal and government requirements, or to protect and defend the rights or property of Wiqii or enforce the TOU.

Wiqii reserves the right to collect and distribute non-personal demographic information to third parties. As such this information would not contain any information that would allow your identity to be deduced.

E. Member Account Registration
To register as a Wiqii Member, you agree to:
1.    Provide us with current, complete and accurate information about yourself (the registration data);
2.    Maintain and promptly update the registration data to keep it current, complete and accurate at all times;
3.    To represent only yourself on the Service, and no other persons, living, dead, or imagined.
4.    If you provide any information that is not current, or is incomplete or inaccurate, or Wiqii has reasonable grounds to believe that such information is not current, or is incomplete or inaccurate, Wiqii has the right to suspend or terminate your membership, and refuse any and all current or future use of the Service.
Under no circumstances does Wiqii have any obligations under the Agreement to check the accuracy or truthfulness of the registration data of any Member.

F. Member Conduct
As a condition of your use of the Service, you guarantee to Wiqii that you will not use the Service for any purpose that is unlawful and / or prohibited by these terms, conditions, and notices.

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree NOT to:

1. Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
2. Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
3. Create a false or misleading identity of, including, but not limited to, a Wiqii employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
4. Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
5. Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
6. Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right ('Rights') of any party or infringes any intellectual property law or any other applicable law.
7. Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
8. Interfere with another member's use and enjoyment of the Service.
9. Without prejudice to the Security and Member Privacy of the TOU, Wiqii has no obligation to monitor the Service or any member's use thereof.

G. Wiqii's Proprietary Rights
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

You acknowledge and agree that the Wiqii content including but not limited to (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout (6) design presented through and as part of the Service by Wiqii is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.

Certain of the names, logos, and other materials displayed on the Wiqii web site constitute trademarks, copyright and other intellectual property collectively referred to as 'IP rights' of Wiqii. Ownership of such IP rights remains with Wiqii.

H. Disclaimer of Warranties
WIQII is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Service. WIQII is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. WIQII assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. WIQII is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will WIQII be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users/visitors of the Web site, whether online or offline. The Web site and the Service are provided "AS-IS" and WIQII expressly disclaims any warranty of fitness for a particular purpose or non-infringement. WIQII cannot guarantee and does not promise any specific results from use of the Web site and/or the Service.

YOU UNDERSTAND AND AGREE THAT:

1. Your use of the Service is at your sole risk.
2. The Service is provided on an 'as is' and 'as available' basis and the warranties on the part of Wiqii contained in this TOU are given in place of and replace, exclude and extinguish all and every other condition or warranty whatsoever on the part of Wiqii, written or oral, whether express or implied by statute, regulation, directive or any other legislative or administrative enactment, common law, trade usage, custom or otherwise to the full extent permitted by law.
3. The information and content included in or available through the Service may include inaccuracies or typographical errors.
4. Changes are periodically added to the information contained with the Service and Wiqii and/or its respective suppliers may make improvements and/or changes in the Service at any time.
5. No advice or information, whether oral or written, obtained by you from Wiqii or through the Service shall create any warranty not expressly stated in the TOU.

Except as otherwise expressly provided in the TOU, Wiqii does NOT represent or warrant that:

1. The Service will meet your requirements.
2. The Service will be uninterrupted or error-free, timely or secure.
3. Defects or errors will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components.
4. The use of or the results of the use of the Service or the content made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
5. The content of the Service input by other members is correct or accurate.

I. LIMITATION OF LIABILITY
1.    YOU AGREE THAT Wiqii SHALL NOT BE RESPONSIBLE OR LIABLE FOR:

1. 1.    PROVIDED THAT Wiqii HAS FULFILLED ITS SECURITY OBLIGATIONS, UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
2. 2.    ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT, SAVE THAT Wiqii SHALL BE ENTITLED TO REMOVE IT IN ALL PRACTICABLE SPEED AFTER Wiqii HAS BEEN NOTIFIED IN WRITING OF ITS PRESENCE ON THE SITE.
3. 3.    CONDUCT OF ANY OTHER MEMBER OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
4. 4.    ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:

• DAMAGES FOR LOSS OF USE;
• DATA GOODWILL;
• PROFITS, OR OTHER INTANGIBLE LOSSES;

5.    ARISING OUT OF OR IN ANY WAY CONNECTED WITH:

• USE OR PERFORMANCE OF THE SERVICE OR RELATED WEBSITES;
• DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEBSITES;
• PROVISION OF OR FAILURE TO PROVIDE SERVICES, INFORMATION OR SOFTWARE;
• SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE;
• ERROR;
• OMISSION;
• INACCURACY;
• INTERRUPTION;
• DELETION;
• DEFECT;
• DELAY IN OPERATION OR TRANSMISSION;
• COMPUTER VIRUS;
• COMMUNICATION LINE FAILURE;
• THEFT;
• DESTRUCTION OR UNAUTHORIZED ACCESS;
• ALTERATION;

6.    WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE - EVEN IF Wiqii OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

2.    IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY PART OF THE SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEBSITE.

3.    AT ALL TIMES AND IN ANY EVENT THE TOTAL LIABILITY OF Wiqii TO ITS MEMBERS SHALL BE LIMITED TO THE TOTAL ANNUAL MEMBERSHIP FEE PAID BY THE INDIVIDUAL MEMBER TO Wiqii.

J. Indemnification
You agree to indemnify, defend and hold harmless Wiqii, its parents, subsidiaries, affiliates, officers and employees from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of your use of or conduct on the Service.

K. Modification and Termination of the Service
You agree that Wiqii, in its sole discretion, may terminate your password, account or use of the Service, and remove and discard any content within the Service, for any reason, including without limitation, if Wiqii believes that you have violated or acted inconsistently with the letter or spirit of the TOU.

Wiqii may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Service, or any part thereof, with or without notice. You agree that any termination of access to the Service under any provision of the TOU may be effected without notice, and acknowledge and agree that Wiqii 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 Service UNLESS agreed in writing with Wiqii. Nevertheless, where possible, Wiqii will use reasonable endeavors to give Members fair notice of termination or suspension of their access to the Service.
Further you agree that Wiqii shall not be liable to you or any third party for any termination or suspension of access to the Service or modification of the Service.

L. Modifications to the TOU
Wiqii reserves the right to change the TOU or policies regarding the use of the Service at any time. In this event you might be sent an email detailing the changes. Upon your next logon to the Service you will be asked to indicate your acceptance of the new TOU, acceptance of which is required to allow your continued use of the Service.
Wiqii reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Wiqii shall not be liable to you or any third party for any modification to or discontinuance of the Service.

M. TOU Violations
Please report any violations of the TOU to Customer Support.

N. Entire Agreement
These TOU constitute the entire agreement between Wiqii and the Member and supersede any previous agreement or understanding between Wiqii and the Member.

O. Governing Law
The court of jurisdiction is located in San Diego, California. As such, the laws of the City of San Diego, California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws.