1. Terms of Service
a. Who can use http://www.wikipatent.com .
You may use our Products only if you can form a binding contract with E-Banana Creations LLC by registering on the website of http://www.wikipatent.com , and only in compliance with these Terms and all applicable laws. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.
b. Our license to you.
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
c. Commercial use of Wikipatent.com
If you are the owner of a legal patent (see www.uspto.gov) or own the rights to some invention or art registered by the US government (music, books, etc.), you may create your own page on wikipatent.com to share your invention with the world and get donations from those who appreciate your creation.
2. Your Content
a. Posting content.
http://www.wikipatent.com allows you to post content, including photos, comments, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to http://www.wikipatent.com. If you post your content, i.e. register your wikipatent on http://www.wikipatent.com, it still belongs to you but we can show it to people. E-Banana Creations can refuse on registering wikipatent or cancel registration of wikipatent if its content break these Terms&Conditions without any futher expanations to the user of http://www.wikipatent.com. If the content is not unique E-Banana Creations owns exclusive role to decide cancel registration and decide on the uniqeuness of the the wikipatent.
b. How http://www.wikipatent.com users and other users can use your content.
You grant http://www.wikipatent.com and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, sell, modify, create derivative works, perform, and distribute your User Content on http://www.wikipatent.com solely for the purposes of operating, developing, providing, and using the http://www.wikipatent.com Products. Nothing in these Terms shall restrict other legal rights http://www.wikipatent.com may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
c. How long we keep your content:
Following termination or deactivation of your account, or if you remove any User Content from http://www.wikipatent.com, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, E-Banana Creations LLC and its website http://www.wikipatent.com and its users may retain and continue to use, store, display, reproduce, register wikipatent, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through http://www.wikipatent.com. Copies of content shared with others may remain even after you delete the content from your account.
d. Your responsibility for your content:
I. To http://www.wikipatent.com and our community. http://www.wikipatent.com provides a creative and positive place share things you love. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise use our Products without our permission.
II. To third parties. http://www.wikipatent.com respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree not to post any User Content that violates any law or infringes the rights of any third party. You agree to do not post porn or spam.
3. Copyright Policy
E-Banana Creations LLC and its website http://www.wikipatent.com have adopted and implemented Copyright Policy in accordance with the Digital Millennium Copyright Act.
We care about the security of our users. While we work to protect the security of your content and account, http://www.wikipatent.com cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
5. Third-party Links, Sites and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by E-Banana Creations. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from http://www.wikipatent.com, you do so at your own risk and you agree that http://www.wikipatent.com will have no liability arising from your use of or access to any third-party website, service, or content.
E-Banana Creations LLC and its website http://www.wikipatent.com may terminate or suspend this license at any time, with our without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-12 of these Terms.
If you use our Products for commercial or any other purposes in violation of this Terms and Conditions, as determined in our sole and absolute discretion, you agree to indemnify and hold harmless E-Banana Creations LLC and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
E-Banana Creations LLC and its website http://www.wikipatent.com SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
E-Banana Creations LLC and its website http://www.wikipatent.com takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, E-Banana Creations LLC and its website http://www.wikipatent.com SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL E-Banana Creations LLC and its website http://www.wikipatent.com AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
For any dispute you have with E-Banana Creations LLC and its website http://www.wikipatent.com, you agree to first contact us and attempt to resolve the dispute with us informally. If E-Banana Creations LLC and its website http://www.wikipatent.com have not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and E-Banana Creations LLC and its website http://www.wikipatent.com agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that E-Banana Creations LLC and its website http://www.wikipatent.com will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $1,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND E-Banana Creations LLC and its website http://www.wikipatent.com ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
11. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of Washington, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Seattle.
12. General Terms
Notification Procedures and changes to these Terms. E-Banana Creations LLC and its website http://www.wikipatent.com reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after 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 Products.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by E-Banana Creations LLC and its website http://www.wikipatent.com without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and E-Banana Creations LLC and its website http://www.wikipatent.com failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Acceptable Use Policy
http://www.wikipatent.com provides a platform to create and share virtual wikipatents. To keep the http://www.wikipatent.com running smoothly for all of our Users, you agree that you will use the Service only in a manner consistent with the following Acceptable Use Policy.
You agree not to post User Content that:
- creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal;
- may create a risk of any other loss or damage to any person or property;
- seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- violates, or encourages any conduct that violates laws or regulations;
- contains any information or content we deem to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
- contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
- infringes any third party’s Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights;
- contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
- is fraudulent, false, misleading, or deceptive.
You agree not to engage in any of the following prohibited activities:
- Use, display, mirror or frame the Service, any individual element within the Service, the http://www.wikipatent.com name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent;
- Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
- Attempt to probe, scan, or test the vulnerability of any http://www.wikipatent.com system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by http://www.wikipatent.com or any of our providers or any other third party (including another user) to protect the Services or http://www.wikipatent.com Content;
- Attempt to access or search the Services, User Content or http://www.wikipatent.com Content or scrape or download User Content or http://www.wikipatent.com Content from the Services, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by http://www.wikipatent.com or other generally available third party web browsers;
- Send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
- Except for use of a wikipatent.com functionality, use any meta tags or other hidden text or metadata utilizing a http://www.wikipatent.com or Wikipatent trademark, logo, URL, or product name without E-Banana Creations LLC express written consent;
- Use the Service for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted for you by E-Banana Creations LLC or in any manner not permitted by the Terms;
- Use http://www.wikipatent.com user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the activities prohibited in this Acceptable Use Policy.
http://www.wikipatent.com ("http://www.wikipatent.com") respects the intellectual property rights of others and expects its users to do the same. It is http://www.wikipatent.com’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website athttp://www.copyright.gov/legislation/dmca.pdf, http://www.wikipatent.com will respond expeditiously to claims of copyright infringement committed using the http://www.wikipatent.com website (the "Site") that are reported to http://www.wikipatent.com’s Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by delivering e-mail to firstname.lastname@example.org and email@example.com. Upon receipt of the Notice as described below, http://www.wikipatent.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site. DMCA Notice of Alleged Infringement ("Notice")
1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
What if I receive a Copyright Complaint (DMCA) notification?
If you receive a notification that your wikipatent has been removed due a copyright complaint, it means that the wikipatent content has been deleted from http://www.wikipatent.com at the request of the content’s owner. If your account receives too many copyright complaints, you may lose the ability to create wikipatents on http://www.wikipatent.com, and your account may be disabled completely.
If you believe a wikipatent was removed in error, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will forward a copy to the person who filed the original complaint. If we do not receive notice within 10 business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, we will remove the complaint from your account’s record, and we may replace the content that was removed.
Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.
How to File a Counter-Notice
1. Email your counter-notice to firstname.lastname@example.org
2. Include ALL of the following:
I. Your name, address, and telephone number.
II. DMCA ID printed at the bottom of the notification email.
III. The source address of the content that was removed (copy and paste the link in the notification email).
IV. A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
V. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which http://www.wikipatent.com may be found, and that you will accept service of process from the person who provided the original complaint under subsection (c)(1)(C) or an agent of such person.
VI. A physical or electronic signature (for example, typing your full name);
http://www.wikipatent.com respects the trademark rights of others. Accounts with usernames, wikipatent names, or any other content that misleads others or violates another’s trademark may be updated, transferred or permanently suspended.
If you are concerned that someone may be using your trademark in an infringing way on our site you can let us know by e-mailing to email@example.com. http://www.wikipatent.com will review your submission and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the trademark from the http://www.wikipatent.com site.