WiredTrust.com (“WiredTrust” or the “Site”) is operated by WiredTrust, Inc. (“we”, “us” or “WiredTrust” and is designed to be a provider of risk management consulting services.
At all times, if there is a conflict, the terms and conditions in the WiredTrust Master Services Agreement (MSA), if you have entered into one, apply and supersede these terms. The terms and conditions in the MSA also apply to offline communications between you and WiredTrust.
In this Terms of Service "you" or "your" means any individual using the Site.
Use of the Site is void where prohibited by applicable law. By using the Site, you represent and warrant that you have read and agree to the Terms of Service.
The entire contents of the Site, including text, design, look and feel, interactives, compilations, arrangement and placement, videos, animations and images, games, information, materials, functions, coding and other content ("Content") contained on the Site or used in our features or services are copyrighted to us or to our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. Except as we expressly agree in writing, no Content may be reproduced, transmitted, distributed or otherwise used in any way other than as part of the Site or as expressly set forth herein or therein. Any commercial use, "re-mailing," "framing" or high-volume or automated use of the Site or any of our features or services is prohibited. You may not use or permit others to use any data mining, robots, scraping or similar data gathering or extraction methods.
Certain activities, services, information and materials provided by us on or through the Site, our features, products, applications or services may be accessed and used without your having to register at the Site. Some features, services and access require that you login with a username and password. You agree to provide, maintain and update your e-mail address and any other information about yourself requested during the registration process. You agree to provide true and accurate information about yourself in the registration form and shall inform WiredTrust promptly about any changes relevant to the registration (e.g. change of name or e-mail address).
You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, e-mail, password or other account information, or another person's name, likeness, image or photograph. You also agree to promptly notify us of any compromising of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site, our features or services.
WiredTrust shall be entitled to access anything you post on, share or communicate through our technologies or features at any time and from time to time, and may deny access to password protected features or account by blocking your User ID and password, suspending or terminating your account at any time without notice for any reason whatsoever in our sole and absolute discretion.
In addition, you agree not to use the Site or any of our services, products, applications, features or functions to:
You are responsible for maintaining the confidentiality of your account information, and for all activities that occur through the use of your account, whether or not authorized by you. We are not liable for any loss or damage arising from your failure to secure your account, user name and password, unauthorized access to your account or any actions by third parties.
Your user name and password give you access to the registered services and your account. If your user name or passwords are shared with or accessed by others without your authority, you and your account will be vulnerable to misuse. Therefore, you should select a password that is "easy to remember, but hard to guess" to protect your account from unauthorized use or takeover. (To learn more about password security, visit WiredSafety.org) If you believe that your user name and password or account have been compromised, report that to us immediately at email@example.com. We may require that you provide proof of identity and account ownership before we take action on your report.
We have security processes, policies and procedures to help safeguard and prevent unauthorized access, use and/or disclosure of your personally identifiable information. Note that no processes, policies or procedures are foolproof, however, and although we use reasonable efforts to safeguard the security of your account and personally identifiable information, transmissions and storage of account and personally identifiable information are vulnerable to attack and cannot be guaranteed to be secure.
User Accounts, usernames and passwords are not transferable.
If you are a California resident, you waive any rights you may have under California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
While WiredTrust has used its best efforts to provide accurate and timely information on this Site, it makes no warranties or representations as to its accuracy or completeness. In no event shall WiredTrust or its affiliates, licensees, owners, agents, directors, officers, employees, representatives, sponsors, suppliers, partners, or related entities be liable for any direct, incidental, consequential, indirect, punitive, special, exemplary damages, or any damages whatsoever, arising from or in any way connected or relating to the Site or access to accounts, products, services, applications, features, the use or inability to use any content or material of this Site, from downloading any information, software, functions or features or materials from this Site or that may result from loss or use of data, even if we have been advised of the possibility of such damages. In addition, WiredTrust shall not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus or line failure. In addition, WiredTrust cannot be held liable for any conduct of any user and any potentially resulting damage thereof.
The information, services and products available to you on this Site may contain errors and are subject to periods of interruption. While the Site does its best to maintain the information, services and products it offers on the Site, it cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of the Site.
If any provision of the terms or provisions of this Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. The Site's failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Site.
We are interested in receiving any feedback, comments or ideas you might have about us, the Site, our services, features and activities. Contact us at: firstname.lastname@example.org.
You agree that: (1) your submissions and their contents will automatically become the property of WiredTrust, without any compensation to you; (2) WiredTrust may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for WiredTrust to review the submission; and (4) there is no obligation to keep any submissions confidential.
We reserve the right to delete or suspend any account as we believe may be necessary (determined in our sole and absolute discretion) to protect the integrity of our Site, WiredTrust or its affiliates, or the safety, privacy and well-being of our users, ourselves and third-party providers or members of the public or which has had no activity for a period of 180 days or more. If your account has been deleted for any reason, you may not reactivate it and all data, are lost permanently. If you do not want your account deleted for inactivity, make sure you use it on a regular basis.
You agree to defend, indemnify and hold harmless WiredTrust, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of wiredtrust.com by you or your Account.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes (the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration shall be New York, New York and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
If you have entered into a Master Services Agreement with WiredTrust, then those terms will apply to disputes and arbitration and not these terms.
The following provisions apply to users outside the United States: You consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities with this site.
"WiredTrust is one of the most important leaders in the internet safety industry. We are proud to partner with them to help to educate kids and parents about this important topic."
- Dave Finnegan, Chief Information Bear
Build-a-Bear Workshop Inc.
WiredTrust represents the leading social networking, gaming, and family sites on the Internet as well as many sites designed especially for kids. Entertainment and digital media companies come to us when they encounter problems because they know we see solutions and work closely with them to create the safest sites possible.