wildcard investigations, inc.
TERMS OF SERVICE
1. Acceptance of Terms
This Website is provided by WildCard Investigations, Inc. ("WCI"), subject to the following Terms of Service ("TOS"), which may be updated by us from time to time in WCI sole discretion. WCI reserves the right to alter these TOS without advance notice by any reasonable means, including without limitation by posting a revised TOS to this Website. You can determine if the TOS has been revised since your last visit to this Website by referring to the "Last Updated" date at the top of this page.
These TOS apply to the following sites: cheatersxpose.com, cheaterxpose.com, surveillanceczar.com, wildcardinvestigations.com, eyespytv.com, eyespyxpose.com, eyespyinternational.com, cheatersinternational.com, any websites operated and made available to the general public by WCI that re-direct to such sites and any web sites operated and made available to the general public by WCI after the "Last Updated" date above that link to these TOS through a site-wide "Terms of Service" link or similar link (collectively, the "Websites," which include any successor site(s) to any of the foregoing). In addition, when using any services provided by WCI through the Websites, you shall be subject to any additional WCI - posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into the TOS.
PLEASE READ THESE TOS CAREFULLY BEFORE USING ANY OF WCI WEBSITES. YOUR USE OF ANY OF THE WEBSITES CONSTITUTES YOUR AGREEMENT TO ABIDE BY THE TERMS OF SERVICE THEN IN EFFECT.
Any questions about the meaning or application of these TOS should be directed to email@example.com
2. Description of the Service
WCI provides users with access to a rich collection of online resources, including forums, message boards and "blogs" (the foregoing, collectively, the "Interactive Community"), clubs, games, classroom assistance, on-line televised listings, quizzes, surveys, polls, shopping services, investigative assignments, searchable databases, specialized audio, video and other content, and branded programming, through the Websites (all of the foregoing, collectively with the Interactive Community, the "Services"). Unless explicitly stated otherwise by WCI, all features or content made available through the Websites, including, without limitation, any new features added from time to time, shall be deemed to be "Services" for purposes of, and shall automatically be subject to, these TOS.
3. Information Submitted Through or In Connection With the Websites
4. Registration Obligations/Screen Names
You are not obligated to register with WCI in order to access the Websites. However, WCI offers certain Services through the Websites for which registration is necessary. For example, in order to contribute in an Interactive Community, you are required to select a user name and to provide your email address to WCI. Depending on the Website or Service, you will either select your own password at the time of registration, or will receive an email notification from us with a randomly generated initial password. Whenever you contribute to a public forum, your user name and a link to your profile will automatically appear with your post.
Membership in WCI "WCI Insider" component of the Interactive Community (the "WCI Insider") requires registration, and in order to participate in and access the WCI Insider, you will be required to become an WCI Insider member. This may require you to provide additional registration information to WCI. Also, in order to use certain Services (for example, to participate in online quizzes and contests), you may be require to provide WCI with further information regarding yourself, such as name, address, birth date, gender and phone number.
We may refuse to grant you, and you may not use, a user name (or email address) that is already being used by someone else; that may impersonate another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is vulgar or otherwise offensive; or that we reject for any other reason in our sole discretion.
In consideration of your use of the Websites and Services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Websites and/or Services. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Websites or Services, to any third party. You are fully responsible for all interaction with the Websites and Services that occurs in connection with your password or user name, including without limitation purchases. You agree to (a) immediately notify WCI of any unauthorized use of your password or user name or any other breach of security related to your account, the Websites or Services, and (b) ensure that you "log off"/exit from your account with any Website or Services at the end of each session. WCI is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
5. Rules of Conduct
While using any of the Websites you will comply with all applicable laws, rules, and regulations. In addition, WCI expects the users of the Websites and Services to respect the rights and dignity of others. Your use of the Websites and Services is conditioned on your compliance with the following Rules of Conduct.
You will not:
Additionally, you acknowledge and agree that you (and not WCI) are be responsible for, without limitation, obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Websites and Services, and paying all charges related thereto.
7. Monitoring and Disclosure of Content
You acknowledge that WCI does not pre-screen Submissions, and that WCI shall not be responsible for policing, monitoring, or editing Submissions. Notwithstanding the foregoing, WCI shall have the right, but not the obligation, to evaluate any Submissions before allowing them to be posted on the Websites, and to monitor such Submissions in order to respond to or comment upon communications by participants and in order to determine compliance with the TOS and applicable laws, rules, and regulations. In addition, WCI shall have the right and sole discretion, but not the obligation, to refuse to post, to alter, or to remove any content, in whole or in part, that it believes to be in violation of the TOS, or that it finds to be objectionable for any reason.
You acknowledge and agree that WCI may preserve all Submissions, and may disclose any Submissions and their origin(s) to any third party, if WCI believes that it is required to do so by law, or otherwise in order to operate the Websites or Services, to protect WCI and its sponsors, employees, officers, directors, shareholders, agents, representatives, and affiliates, and the Website's registered users and visitors, to respond to claims that any Submission violates the rights of third parties, to comply with legal obligations or governmental requests, to enforce these TOS, or for any other reason or purpose.
8. Limitations of Liability and Disclaimer of Warranties
WCI is a distributor only, and not a publisher, of messages and information posted in the Interactive Community. Please be aware that other users might post material in the Interactive Community that is inaccurate, misleading, or deceptive. All statements, advice, and opinions made by participants in any Interactive Community are those of such participants only. WCI is not responsible for any information or materials made available through the Interactive Community, including without limitation errors or omissions in any Interactive Community articles or postings, or links or images embedded in Interactive Community messages, or for any results obtained by using any such information or materials. WCI neither endorses nor shall be held responsible for the reliability or accuracy thereof, or for any injury, loss, or damage which occurs as a result of such statements, advice, opinions, or other information provided in any Interactive Community, whether made by visitors, registered users, or otherwise. In addition, WCI has no control over, and shall have no legal liability for, any damages resulting from the use, including republication, or misuse, by any third party, of information voluntarily made public through the Websites or Services, including without limitation through the Interactive Community, by a user of the Websites. Any user of the Websites who chooses to make any personally identifiable or other information publicly available in an Interactive Community does so at his or her own risk.
THE WEBSITES, THE SERVICES, AND (UNLESS OTHERWISE EXPRESSLY STATED) ANY GOODS OR SERVICES YOU ACQUIRE OR ACCESS THROUGH THE WEBSITES OR THE SERVICES, ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE WEBSITES AND THE SERVICES, AND OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. IN THIS REGARD, YOU ACKNOWLEDGE THAT YOU MAY NOT RELY ON ANY CONTENT CREATED BY AETN OR SUBMITTED TO AETN, INCLUDING WITHOUT LIMITATION INFORMATION IN THE INTERACTIVE COMMUNITY OR IN ANY OTHER PART OF THE WEBSITES.
WCI DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, THE WEBSITES, CONTENT CONTAINED THEREON, OR ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE WEBSITES, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. AETN WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITES OR SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, AETN WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE ANY WEBSITE, FROM GOODS ACQUIRED THROUGH AETN, OR FROM ANY CONTENT POSTED ON ANY WEBSITE BY AETN OR ANY THIRD PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES OR THEIR CONTENT IS TO STOP USING THE WEBSITES.
AETN DOES NOT MAKE ANY WARRANTY THAT (I) THE WEBSITES WILL MEET YOUR REQUIREMENTS; (II) ACCESS TO THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN THE WEBSITES WILL BE CORRECTED; OR (VI) THE WEBSITES OR THE SERVERS ON WHICH THEY ARE HOSTED ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. Specifically, but without limitation, you acknowledge and agree that the Websites may include inaccuracies or errors, or materials that violate or conflict with these TOS, and that third parties may make unauthorized alterations to the Websites. If you become aware of any unauthorized third party alteration to the Websites, contact WCI at firstname.lastname@example.org with a description of the material(s) at issue, and the URL or location on the Website where such material(s) appear.
You agree to defend, indemnify, and hold harmless WCI and its affiliated companies, and their respective directors, officers, employees, agents, shareholders, licensors, and sponsors, and representatives, from and against all claims, losses, costs, and expenses (including attorneys fees) arising out of (i) your use of, or activities in connection with, the Websites or Services; (ii) any violation of these TOS by you; or (iii) any allegation that any Submission or other materials that you post, transmit, or make available on the Websites or through the Services infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other intellectual property or other rights of any third party.
The Websites and Services may provide links to other web sites and resources, the content and features of which may change over time. Because WCI has no control over such sites, services, and resources, you acknowledge and agree that WCI is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
It is possible that other sites and resources provide links to the Websites (whether with or without WCI authorization). WCI has no control over sites and resources that provide links to the Websites, and you acknowledge and agree that WCI does not endorse such sites and is not responsible for any links from those sites or resources to the Websites or for any content, advertising, products, or other materials available on such other sites. You further acknowledge and agree that WCI 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 the use of or inability to use (i) any sites or resources to which WCI provides links or that provide links to the Websites, or (ii) any content, goods, or services available on or through any such sites or resources.
WCI shall have the right, at any time and in its sole discretion, to block links to the Websites through technological or other means, without prior notice.
11. Dealings With Third-Party Providers of Goods and Services
Your correspondence or business dealings with, or participation in promotions sponsored by, any third party advertisers or other third party providers of goods or services made available on or through the Websites or Services, including payment and delivery of goods or services (and expressly including, without limitation, travel or tours arranged through the Websites), and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider and solely at your own risk. You agree that WCI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers or providers on the Websites or Services.
12. WCI Proprietary Rights
You acknowledge and agree that the content presented to you on or through the Websites is and shall remain the property of WCI and its licensors and suppliers and is protected by copyright, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that WCI owns a copyright interest in the entire contents of each of the Websites in the aggregate as a collective work under applicable copyright laws. The collective work includes works that are licensed to WCI by you and/or others. Except as expressly authorized by WCI or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the content made available on or through the Websites, in whole or in part, or to otherwise use any such content other than as expressly authorized herein.
Trademarks and service marks of WCI and any associated logos; all trademarks and service marks displayed or otherwise made available on the Websites that are not owned by WCI. You may not use any trade names, trademarks, or service marks owned by WCI, whether registered or unregistered, in connection with any product or service that is not WCI or in any manner that is likely to cause confusion. Nothing on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of any WCI trade names, trademarks, or service marks without WCI prior express written permission.
This Section 12 will survive any termination or expiration of these TOS for any reason.
13. Copyright Issues
All content on the Websites is protected under U.S. copyright laws. Subject to your compliance with these TOS, and solely for so long as you are permitted by WCI to access the Websites, you may download one (1) copy of the content of the Websites to any single computer for your personal, non-commercial home use only, provided that you keep intact all copyright and other proprietary notices. You may not otherwise license, sell, modify, copy, publish, distribute, or display any content from the Websites.
For further information on U.S. copyright law, you may wish to visit the website of the U.S. Copyright Office athttp://www.copyright.gov/.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials we host infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.
14. Modifications to Services
WCI reserves the right to, at any time and from time to time, temporarily or permanently, in whole or in part: modify or discontinue any Website or Service, with or without notice; charge fees for the use of any Website or Service; modify and/or waive any fee charged in connection with any Website or Service; and/or offer opportunities to some or all users of any Website or Service. You agree that WCI shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any Websites or Service, or of any content, feature, or product offered on any Website or Service. Your continued use of any Website or Service after such changes will indicate your acceptance of the changes.
These TOS are effective until terminated. You agree that WCI, in its sole discretion, may terminate your password and user name and/or your access to or use of the Websites and/or Services, at any time and for any reason, including, without limitation, if WCI believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Upon any such termination, your right to use the Websites and Services will immediately cease. You agree that any termination of your access to or use of the Websites and/or the Services under any provision of these TOS may be effected without prior notice, and acknowledge and agree that WCI may immediately deactivate or delete your password and user name, and all related information and files associated with it (including without limitation any Submissions provided by you and any materials that may be stored by you on the Websites or through the Services), and/or bar any further access to such information or files, the Websites, or the Services. You agree that WCI shall not be liable to you or any third party for any termination of your access to the Websites or the Services, or any such information or files.
16. Jurisdictional Issues
The Websites and Services are controlled and operated by WCI from the United States, and are not intended to subject WCI to the laws or jurisdiction of any state, country or territory other than that of the United States. WCI neither represents nor warrants that the Websites or Services, or any products you acquire or access through the Websites or Services, are appropriate or available for use in any particular jurisdiction. Accessing the Websites or Services from any location other than the United States is at your own risk, and you accept full responsibility for compliance with all local laws, rules, and regulations. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. We may limit the Websites' availability or the provision of any of the Services or of any product described on the Websites or Services to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion, and we may limit the quantities of any such Service or product.
17. Governing Law
These TOS shall be governed and interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to their principles of conflicts of laws.
THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. All disputes arising under or relating to this Agreement or to your use (or inability to use) the Websites or Services shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures"), as amended by the terms of these TOS. The Supplementary Procedures are available online at www.adr.org (click on the link labeled "Rules," and then click on the link labeled "Supplementary Procedures for Consumer-Related Disputes"). To the extent that the arbitrator deems reasonable, the arbitrator may conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in the County of Palm Beach in the Florida. The arbitrator's decision shall be based upon the substantive laws of the State of Florida without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof. The foregoing shall not preclude WCI from seeking any injunctive relief in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction by the federal and state courts located in Palm Beach County in the State of Florida, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Notices to you may be made via posting to the Websites, email, or regular mail, in WCI discretion. The Websites and Services may also provide notices of changes to the TOS or other matters, by displaying such notices or by providing links to such notices.
Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web site of the Electronic Frontier Foundation: http://www.eff.org/Censorship/.
21. Rules for Sweepstakes, Contests, Games, and Similar Promotions
These TOS do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. You may not assign, transfer, or sublicense any of your rights or obligations under these TOS without WCI prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these TOS is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner, and the enforceable sections of these TOS will remain binding upon the parties. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These TOS, together with all policies referred to herein, constitute the entire agreement between you and WCI with respect to your use of the Websites or any Services and supersedes all prior or contemporaneous communications and proposals between you and WCI regarding such subject matter. Without limitation, you agree that a printed version of these TOS and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Information or Complaints
Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: If you would like any further information or if you have a complaint regarding the Websites or Services, please send an e-mail to email@example.com. Prices for goods or services available on the Websites are provided at the point of purchase. You may also contact us by writing to WildCard Investigations, Inc.,143 Harbors Way, Boynton Beach, FL 33435 , or by calling us at (561)577-7715 . California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.