PLEASE READ CAREFULLY - THIS IS A BINDING CONTRACT
COMPANY WIKI PAGES (THE COMPANY WIKI TAB)
Jigsaw provides its members and visitors with access to a collaborative collection of web site pages that display articles, descriptions and information about companies and businesses using a open, community-based "wiki" approach (the "Company Wiki ") to compile and develop the content.
The Company Wiki pages offer user-generated and edited information regarding the various companies found on Jigsaw. The proprietary software associated with the Company Wiki, which shall be deemed to include any enhancements or modifications thereto and any related documentation, is a copyrighted and proprietary work (subject to other intellectual property laws) and is not subject to any open source or similar licenses as may applicable to the Content provided hereunder as indicated.
To find a Company Wiki page for a company on Jigsaw, simply search for and find a Company by typing the company’s name or ticker symbol into the “Search Companies” form box available on the Jigsaw home page, by using the “Search-Find Company” functionality accessible from the header menu throughout the Site or by clicking on the company’s name on any “Contact Business Card”. Then, click on the Company Wiki Tab for the company found to access the Company Wiki for that company.
These WikiTerms, together with the general TOU, form a legally binding agreement between you and Jigsaw with respect to your use of the Company Wiki. It is important that you take the time to read all terms carefully. Your agreement with Jigsaw will also include the terms of any legal notices as applicable.
Please note that other Jigsaw services, beyond the Company Wiki, may be governed by a different service terms. These WikiTerms, together with the general TOU constitute the entire agreement between you and Jigsaw regarding your use of the CompanyWiki, superseding any prior agreements between you and Jigsaw (including, but not limited to, any prior versions of the WikiTerms). You remain bound by the general TOU at all times and may be subject to additional terms, conditions and provision applicable to other services.
ACCEPTING THE WIKITERMS
In order to use the Company Wiki, you must first agree to these WikiTerms. You may not access or use the Company Wiki if you do not accept these term, which may be updated by Jigsaw from time to time without notice to you.
You understand and agree that Jigsaw will treat your use of the Company Wiki as acceptance of these WikiTerms from that point onwards. Regardless of whether or not you accept these WikiTerms, your agreement with Jigsaw will always include, at a minimum, the terms and conditions set forth in the general TOU.
MODIFICATIONS OF WIKITERMS
Jigsaw shall have the right to change these WikiTerms at any time, which changes shall be effective immediately upon being posted to the Site. Each time changes are made, a revised version of these WikiTerms will be posted on the Site. We suggest that you check this page periodically. You can review the most current version of these WikiTerms at any time at any time at Wiki Terms. For your convenience, we will post a version number or last revised date at the top of this page or the modified section of these WikiTerms as appropriate. These terms may also be modified by separate agreement between you and Jigsaw.
Your continued use of the Company Wiki, or any part thereof, following the posting of changes constitutes your acceptance of such changes. If you do not wish to be bound by any changes, you should not use or stop using the Company Wiki immediately.
JIGSAW’S LIMITED LICENSE TO YOU.
Subject to your compliance of these WikiTerms, Jigsaw grants to you a limited, personal, nonexclusive, non-assignable nontransferable, terminable license to use the Company Wiki from a single computer as permitted under this Agreement.
Unless Jigsaw otherwise notifies you or restricts your use of the Company Wiki, you may freely contribute, create and edit content and information available on the Company Wiki using the system functionality provided. You agree that all contributions and edits shall reasonably relate to the company and page about and on which you contribute, create or edit content.
Unless otherwise restricted, you may freely access, perceive and use the Company Wiki, subject to the applicable Content licenses set forth herein or as otherwise indicated with respect to any particular data, content or information. This license is only applicable to Content made available on the Company Wiki and shall not be applicable to any other data or information provided by Jigsaw or otherwise made available through the Site. You acknowledge that you do not acquire any ownership rights to any Content or copyrighted material made available to you by or through the Company Wiki or Site.
The Company Wiki is and shall remain at all times the sole property of Jigsaw. All rights in the Company Wiki not expressly granted to you by Jigsaw are reserved and retained by Jigsaw. Unless you have a separate written agreement with Jigsaw authorizing you to do so, you will: (i) not copy or distribute the software or source code behind the Company Wiki or the Site to any third party; (ii) not reverse engineer, disassemble or decompile any portion of the Company Wiki or the Site or otherwise attempt to discover or re-create the source code to the Company Wiki or the Site; (iii) comply with all applicable laws in using or accessing the Company Wiki and Site; (iv) not make any modification, adaptation, improvement, enhancement, translation, or derivative work of or to any portion of the Company Wiki or the Site (except for the Content); and (v) not remove, alter, or obscure any proprietary notices (including copyright notices) of Jigsaw or any other party.
Additionally, notwithstanding anything set forth in these Wiki Terms to the contrary, any AboutUs, Wikipedia or similar “open source” content made available on or from the Company Wiki is further licensed under the GNU Free Documentation License or the Creative Commons Attribution-Share Alike license (see http://en.wikipedia.org/wiki/Wikipedia:Copyrights or http://www.aboutus.org/Collaborating_to_Build_the_Commons for more details) as applicable.
ALL JIGSAW CONTENT, DATA OR INFORMATION MADE AVAILABLE OUTSIDE OR BEYOND THE DESIGNATED COMPANY WIKI AND RELATED PAGES SHALL REMAIN THE EXCLUSIVE AND PROPRIETARY INFORMATION AND PROPERTY OF JIGSAW AND SHALL NOT BE SUBJECT TO ANY OPEN SOURCE OR SIMILAR LICENSES UNLESS CLEARLY, CONSPICUOUSLY AND SPECIFICALLY NOTED AT THE POINT OF DISPLAY OF SUCH CONTENT, DATA OR INFORMATION.
YOUR LIMITED LICENSE TO JIGSAW
You may be allowed to contribute, create or edit content or information (including, without limitation, text, data, links, references, images or other materials) to the Company Wiki (“Materials”). You may only submit Materials that you created or that you have permission or authority to submit and that do not violate copyright, trademark, or any other rights of third parties. You agree, represent and warrant that you will only contribute, create or edit Content in a manner that you believe to be true, and that you will not purposefully provide any false or misleading information. We do not claim ownership of any Materials that you may submit.
With respect to any Materials that you create, contribute or edit on the Company Wiki (“Your Materials”), by submitting Your Materials to Jigsaw, you agree and hereby grant, and represent and warrant that you have the right to grant, to Jigsaw, its subsidiaries, affiliates, successors, and assigns, a perpetual, irrevocable, worldwide, royalty free, fully-paid, non-exclusive, sub-licensable and transferable right and license to use, copy, display, distribute, modify, adapt, publish, translate, publicly perform, publicly display and make derivative works from Your Materials (in whole or in part) in the Company Wiki, on the Site or any other web site, and to use or incorporate you Materials in any manner into other works in any format or medium now or later known.
Jigsaw may reproduce, modify, adapt, sell, distribute, publish or monetize of any commercial purposes Your Materials for any reason, in any media or manner, at any time. For example, Jigsaw may utilize Your Materials for being owed to you. Similarly, Jigsaw may license Your Materials to third parties, without any royalty or payment being owed to you.
By providing Your Materials you represent and warrant that you have the right to grant the license contained herein. You agree to waive any moral rights that you may have to Your Materials. You represent and warrant that none of Your Materials are subject to any confidentiality or nondisclosure obligations. You also consent to the display of advertising within or adjacent to any of Your Materials.
BY CONTRIBUTING YOUR MATERIALS, YOU REPRESENT, WARRANT, AND GUARANTEE THAT YOU HAVE THE FULL RIGHT, ABILITY, AND AUTHORITY TO CONTRIBUTE YOUR MATERIALS TO THE COMPANY WIKI, TO JIGSAW AND GRANT THE ABOVE LICENSE TO JIGSAW.
YOU HEREBY REPRESENT AND WARRANT THAT ALL CONTRIBUTIONS AND EDITS SHALL REASONABLY RELATE TO THE COMPANY AND COMPANY WIKI PAGE ABOUT AND ON WHICH YOU CONTRIBUTE, CREATE OR EDIT CONTENT.
CONTENT ON COMPANY
The Company Wiki contains a variety of content, information, Links, text, images and other materials that members contribute, create or edit (the "Content"). Use caution and common sense when viewing and using the Company Wiki. You understand and agree that any Content posted on the Company Wiki is the exclusive responsibility of the person who contributed, created or edited it.
You will be solely responsible and held personally accountable for any Content that you contribute, create, edit, link or otherwise transmit to the Company Wiki. You acknowledge that Jigsaw is not responsible for, does not control, does not endorse and does not verify the Content posted to the Company Wiki and that Jigsaw makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risks of your use of or reliance on the potential accuracy, validity or legitimacy of such Content. Under no circumstances will Jigsaw be liable in any way to you for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Company Wiki.
ELIGIBILITY AND CHILDREN PROHIBITED.
Persons under the age of eighteen (18) years must not access or use the Company Wiki under any circumstances, do not have a license to use the Site or Company Wiki, and should leave the Company Wiki and Site immediately. You are prohibited from renting, leasing, selling, trading, lending, transferring or otherwise making your Jigsaw account available to anyone for any purposes.
NOTE: BECAUSE MEMBERS CAN POST CONTENT ON THE COMPANY WIKI WITHOUT JIGSAW’S APPROVAL OR CONTROL, SOME CONTENT MAY BE CONSIDERED INAPPROPRIATE AND HARMFUL TO MINORS.
NO MONITORING OR SCREENING OF CONTENT
You acknowledge that Jigsaw is not obligated to and does not monitor, pre-screen or regularly screen any member’s use of the Company Wiki or any Content contributed by members, but agree that Jigsaw shall have the right, without obligation, in its sole discretion, to refuse, remove, re-arrange, modify and or restrict access to any Content on the Company Wiki in its sole discretion and without notice or compensation. Without limiting the foregoing, Jigsaw shall have the right to access and remove or restrict access to any Content that violates this Agreement or that Jigsaw believes is otherwise inappropriate or objectionable in its sole discretion
Jigsaw respects the intellectual property of others. Jigsaw may, in appropriate circumstances and at its sole discretion, terminate your right to use the Company Wiki or the Site for any reason, including, but not limited to, if you repeatedly infringe any copyright, trademark, intellectual property, trade secret, proprietary, privacy, publicity or similar right of any third party. If you believe that your work has been copied in a way that constitutes copyright or trade secret infringement or your intellectual property, trade secret, proprietary, privacy, publicity or other similar rights have been otherwise violated, please see Copyright, Trademarks and other Rights.
LIMITATIONS AND RESTRICTIONS ON YOUR CONDUCT
You agree to not use the Company Wiki or Site:
- To distribute information that does not reasonably relate to the company and page about and on which you contribute, create or edit content or provide off-topic information or messages.
- To violate or solicit the violation of any applicable law or in any manner that would be considered a criminal offense, give rise to civil liability, violate any law, or otherwise inappropriate.
- To infringe the rights of any third party, including but not limited to, copyright or trademark rights, patent or intellectual property rights, trade secret or proprietary rights, privacy or publicity rights or other similar rights of anyone.
- To stalk or harass any person or entity or collect, include or distribute personal information about another person, such as their location, address, email address or telephone number.
- To impersonate any person or entity or falsely state, imply or otherwise misrepresent your affiliation with any person or entity.
- To disseminate or promulgate any worms, viruses or other harmful, disruptive or destructive files, code or programs.
- To offer to sell, buy, trade or exchange any security or for any security related purpose, including but not limited to, violating or conspiring to violate any securities laws, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission or any rules of any national or other securities exchange or other instruments having the force of law.
- To make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," “multi-level marketing schemes” or any other similar form of solicitation.
You agree not to contribute, create or edit, link to or otherwise make available any materials or Content that:
- Is false, fraudulent, actionable, or knowing or recklessly incorrect, inaccurate, or out of date or that contains falsehoods or misrepresentations that could damage anyone.
- Is unlawful, threatening, abusive, libelous, slanderous, defamatory, tortuous or otherwise actionable.
- Constitutes or represents the private or personal information of another.
- You do not have the right or authority to disclose, contribute or make available under any law or any contractual or fiduciary relationship (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure or confidentiality agreements).
- Contains software viruses, Trojan horses or any other computer code, files or programs designed or that functions to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Violates, infringes or invades upon any (ii) patent, intellectual property, trade secret, or other proprietary rights of any party; (ii) copyright or trademarks rights of any party; (iii) privacy or publicity rights of any party; or (iv) other rights.
- Constitutes pornographic, sexually explicit or obscene material, includes expressions of bigotry, prejudice, racism, hatred or profanity, or that may otherwise be deemed generally offensive by Jigsaw.
- Consists of, promotes or provides instructional information about illegal or illicit activities.
You agree not to:
- Take any action that interferes with or disrupts the Company Wiki, the Site or servers or networks connected to the Site.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any interaction with or Content transmitted to or through the Company Wiki or the Website.
- Interfere with or disrupt the Company Wiki or the Site, computer servers or other services accessible through the Site.
- Falsely state or otherwise misrepresent your identity or your current or previous positions or affiliations with any person or entity, past or present.
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site, the Company Wiki, or its contents.
- Collect or store any information about other members or visitors, other than in the normal course of using the Company Wiki or Site for its intended purpose.
- Create member accounts using any automated means or under or for false pretenses.
- "Frame," "mirror" or otherwise simulate the appearance or function of any part of the Company Wiki or Site.
- Disobey any requirements, procedures, policies or regulations of networks connected to the Company Wiki or Site.
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Company, Site (other than Content).
- Violate these WikiTerms or the Jigsaw general TOU.
If you use the Company Wiki or the Site, contribute, create, edit or link to any Content or materials or otherwise act in any manner that violates or is contrary to any of the above-stated restrictions and limitations, Jigsaw may, at its sole discretion, terminate or restrict your Jigsaw account (or any part of it) or your ability to use the Company Wiki or the Site, and remove any Content or links you contributed, created or edited. If you violate any laws, Jigsaw may report you to applicable authorities. Jigsaw will respond to lawful subpoenas . Jigsaw may act, without obligation, as Jigsaw reasonably deems necessary to protect Jigsaw’s interests, the Site, or any third-party if you fail to comply with the restrictions and limitation on your conduct with respect to the Company Wiki or the Site.
TERMINATION OF YOU LICENSE
Jigsaw reserves the right at any time, and from time to time, to modify, suspend or discontinue, temporarily or permanently, the Company Wiki, or any portion, service or feature thereof for any reason at its sole discretion. Jigsaw may otherwise terminate this Agreement at any time and for any reason and may provide notice of such termination through any means, including but not limited to posting such notice on the Site or otherwise publicly proclaiming such termination.
Termination of your Jigsaw account may prevent, restrict or prohibit your access to other Jigsaw offerings within the Site and may also bar you from further use of Jigsaw. You agree that all terminations shall be made in the Company's sole discretion and that the Company shall not be liable to you nor any third-party for any termination of your account or access to the Company Wiki or Site. Upon termination, you must stop using the Company Wiki and the Site.
RESERVATION OF RIGHTS.
Jigsaw reserves all rights not granted in this Agreement. You agree to use your best efforts to prevent and protect the Company Wiki from unauthorized access, disclosure or use.
NO GUARANTEE OF ACCURACY OR ENDORSEMENT
Company Wiki is a user generated and edited information source and platform where many users can and do contribute content, information, links and references. Members of Jigsaw may create and alter the Wiki content. Jigsaw does not systematically review or edit information available on the Wiki for accuracy. Jigsaw makes no representations or warranties regarding the availability of, or the content located on or through, the Company Wiki. Information posted may not be accurate when created or may have been altered or revised by a subsequent member.
Jigsaw does not endorse any particular content or information that may be found or available on or through the Company Wiki. Jigsaw does not and cannot represent that any content or information found or available on or through the Company Wiki is complete, accurate, current, error free, appropriate, decent, in compliance with applicable law, reliable, suitable for any particular purpose, sufficient to meet any needs or interests, or that it is what it purports to be.
JIGSAW DOES NOT INDEPENDENTLY VERIFY THE ACCURACY OR RELIABILITY OF COMPANY WIKI CONTENT, INFORMATION OR LINKS. JIGSAW MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY OF THE CONTENT, INFORMATION OR LINKS MADE AVAILABLE ON OR THROUGH THE COMPANY WIKI OR THE SITE GENERALLY.
YOU SHOULD NOT USE THE COMPANY FOR EMERGENCY PURPOSES OR TO SEEK OR PROVIDE DIAGNOSIS OR TREATMENT OF MEDICAL, PSYCHOLOGICAL OR OTHER PROBLEMS OR DIFFICULTIES, OR AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL, PSYCHOLOGICAL, TAX, LEGAL, INVESTMENT, FINANCIAL, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE.
The Wiki contains hyperlinks and/or other references (“links”) to other sites, sources and systems that Jigsaw does not own, operate or control. Such links are provided for your reference and convenience only. Jigsaw makes no representations or warranties regarding the availability of, or the content available on or through, such third party sites. Jigsaw does not endorse, sponsor, or review the content contained at the linked or referenced sources to which links are directed. Jigsaw does not represent or warrant that such sites are safe or secure, are appropriate for children or any other persons, are in compliance with applicable law, or are what they purport to be. Jigsaw does not accept any responsibility or liability whatsoever for any content, information, sites or system directed to by any link. The third parties that own, operate control the sites, sources and systems at which such Links are directed do not necessarily have knowledge of, endorse, sponsor, or approve of the link, or the content contained on the Company Wiki or the Site.
BY USING ANY LINK, YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE IS SOLELY AT YOUR OWN RISK AND DISCRETION.
DISCLAIMER OF WARRANTIES
BY ACCESSING, PERCEIVING OR USING THE WIKI , YOU UNDERSTAND AND EXPRESSLY AGREE THAT THE WIKI AND ANY CONTENT, INFORMATION OR LINKS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT USE OF THE WIKI AND ANY CONTENT, INFORMATION OR LINKS IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, JIGSAW AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER JIGSAW NOR ANY OF ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE COMPANY WIKI, OR ANY CONTENT, INFORMATION OR LINKS CONTAINED THEREIN, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, CURRENT, ERROR FREE, APPROPRIATE, DECENT, COMPLIANT, RELIABLE, SUITABLE FOR ANY PARTICULAR PURPOSE, OR SUFFICIENT FOR ANY NEEDS OR INTERESTS; (ii) THAT THE COMPANY WIKI OR SITE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS IN THE SITE, CONTENT OR INFORMATION WILL BE CORRECTED, OR THAT THE COMPANY WIKI OR LINKS WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, CORRECTNESS, CURRENTNESS, OR COMPLETENESS OF ANY MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE WIKI OR ANY LINKS; (v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vi) THAT THE SOFTWARE BEHIND THE COMPANY WIKI IS NON-INFRINGING.
JIGSAW AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE JIGSAW AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OR IN CONNECTION WITH YOUR USE OF THIS WIKI AND ANY LINKS, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF JIGSAW OR ITS AFFILIATES.
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY WIKI, ANY LINKS AND ANY CONTENT OR INFORMATION ACCESSED THROUGH THE USE OF THE COMPANY WIKI OR ANY LINK, IS OR IS ACCESSED EXCLUSIVELY AT, YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE COMPANY WIKI OR AND LINKS, OR ANY CONTENT OR INFORMATION CONTAINED THEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
LIMITATION OF JIGSAW’S LIABILITY
NONE OF THE LICENSORS, CONTRIBUTORS, SPONSORS, ADMINISTRATORS, OR ANYONE ELSE CONNECTED WITH THE COMPANY WIKI IN ANY WAY WHATSOEVER CAN BE RESPONSIBLE FOR THE APPEARANCE OF ANY INACCURATE INFORMATION OR FOR YOUR USE OF THE INFORMATION CONTAINED IN OR LINKED FROM THE COMPANY WIKI.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JIGSAW OR ANY OF ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (i) USE OF THE COMPANY WIKI OR ANY LINKS, CONTENT OR INFORMATION BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY LINKS, INFORMATION OR CONTENT ACCESSED VIA THE COMPANY WIKI, (ii) ANY USE OR INABILITY TO USE THE WIKI FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE COMPANY WIKI, OR (iii) ANY GOODS OR SERVICE DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE COMPANY WIKI OR ANY LINKS, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL JIGSAW'S LIABILITY, OR THE LIABILITY OF ANY OF ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS, ARISING OUT OF USE OF THE COMPANY WIKI, CONTENT, INFORMATION OR LINKS EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID TO JIGSAW FOR SUCH USE OR (ii) $100.00.
SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.
INDEMNIFICATION OF JIGSAW
You agree to indemnify, defend and hold harmless Jigsaw and its officers, directors, employees, subsidiaries, contractors, subcontractors, suppliers, agents, partners, affiliates, successors and assigns from all liabilities, claims, demands and expenses, including attorneys' fees, that are due to, or that arise from your use or misuse of the Company Wiki, the Site or any content or information and particularly, without limitation, (i) Your Materials or other Content you submit or contribute, create, edit or otherwise make available through the Company Wiki, (ii) your use of or reliance on the Company Wiki or its Content or links, (iii) your connection to the Company Wiki or Site, (iv) your violation of these Wiki Terms or the general TOU, (v) your violation of any rights of another party, (vii) your violation of applicable law or (viii) infringement by you of any copyright, trademark, intellectual property rights, trade secret or proprietary rights, privacy or publicity rights or other rights of any third party. Jigsaw may assume exclusive control of any defense or any matter subject to indemnification and you agree to cooperate in such an event
Any comments, suggestions or materials sent to Jigsaw including feedback data, such as questions, comments, suggestions, or similar contributions regarding the Company Wiki or any other products, services or programs of Jigsaw (collectively "Feedback") is non-confidential. Jigsaw has no obligation to you of any kind with respect to such Feedback and is free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, Jigsaw is free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.
Jigsaw respects the copyright, trademark, intellectual property, and other similar rights of third parties. Jigsaw will not knowingly or intentionally engage in acts that constitute or encourage copyright, trademark or other similar infringement. The Company Wiki is provided to promote competition and open, accurate and transparent business information. The Company Wiki may display a limited amount of content, text and images, from third party sites or the companies found in the Wiki for the purpose of providing information about those companies or the site or source from which such content is made available.
The trademarks, logos, and service marks displayed on the Site (collectively "Trademarks") are the registered and unregistered trademarks of Jigsaw, the Companies represented on the Company Wiki or others. The Trademarks owned by the Jigsaw, whether registered or unregistered, may not be used (i) in connection with any product or service that is not Jigsaw's, (ii) in any manner that is likely to cause confusion with customers, or (iii) in any manner that disparages Jigsaw. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks without the express written permission of Jigsaw or the owner of any such Trademarks. Misuse of any Trademark is prohibited and Jigsaw may enforce its rights in such Trademarks and may reasonably assist others, without obligation, to enforce their rights or protect Jigsaw.
Users of the Company Wiki may only contribute content in accordance with the Jigsaw’s WikiTerms. Pursuant to those terms, contributors grant to Jigsaw a non-exclusive license to reproduce and display the content provided. Additionally, Jigsaw provides content or information which may not be copyrightable or subject to copyright protection. Further the display of thumbnail-size images, logos or publicly available content may further constitute "fair use" as applicable. Both copyright and trademark law provide exceptions for "fair use".
Company Wiki content is freely available for reuse under the following licenses:
The Company Wiki content is restricted only in ways that protect your freedoms to use and reuse the Company Wiki content you and other members of the Jigsaw community contribute, create or edit.
Company Wiki content may be used in creative works and for commercial purposes and exact copies of Company Wiki content may be created and used, subject to any the existing rights of any underlying sources, individual contributors and other applicable rights holders. When Company Wiki content is used, distributed and/or transmitted, in whole or in part, the user, distributor or transmitter must do the following:
- Notify others about where the content came from by including a link to http://www.jigsaw.com and;
- License any modifications made to the content under the GFDL 1.2, the CC By-SA license or similar licenses that preserves the same freedoms.
INFRINGEMENT NOTICES AND DIGITAL MILLENNIUM COPYRIGHT ACT
It is the policy of Jigsaw to respect the legitimate rights of copyright and other intellectual property owners. Due to the open nature of the Company Wiki, if infringing content is found on Company Wiki, please notify Jigsaw. Jigsaw responds to notices of alleged infringement that comply with the The Digital Millennium Copyright Act of 1998 (the "DMCA") and other applicable intellectual property laws, which response may include removing or disabling access to, temporarily or permanently, material claimed to be the subject of infringing activity.
The DMCA provides recourse for copyright owners who believe that material appearing on the Company Wiki infringe their rights under U.S. copyright law. Pursuant to the DMCA, 17 U.S.C. Section 512, Jigsaw has designated an agent (specified below) to receive Notifications of Claimed Copyright Infringement on its sites.
If you believe in good faith that materials found on the on the Company Wiki infringe your copyright or other rights, you (or your agent) may send Jigsaw a notice (“Notice of Infringement”) requesting that the materials be removed, or access to them blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you or based upon Your Materials, the DMCA permits you to send Jigsaw a counter-notice. All notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512 for details).
Jigsaw suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights or other rights have been violated, please provide Jigsaw the following information in your Notice of Infringement:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or otherwise protected material that you claim has been infringed in sufficient detail to identify and locate the work material;
- A description of the Company Wiki or other material that you claim is infringing and location of where such material is found on the Company Wiki or the Site in sufficient detail to identify and locate the material;
- Provide information, if possible, sufficient to assist Jigsaw in notifying the owner or other rights holder of the copyrighted work or otherwise protected material;
- Your address, telephone number, and email address or other information reasonably sufficient to allow Jigsaw to contact the person responsible for the notification;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Jigsaw’s agent for notice of claims of copyright, intellectual property right or other infringement can be reached as follows:
Mark S. Palmer
2 Waters Park Drive, Suite 250
San Mateo, CA 94403
Emails may be sent to email@example.com.
REMOVING INFORMATION ABOUT YOUR SITE
Jigsaw does not completely remove valid Company pages from Company Wiki in order to provide a comprehensive platform and repository of business information and competitive intelligence. Summarily removing valid Company information would make the information more incomplete. Completely erasing Company Wiki content will consider it vandalism and the page or content may be restored.
LOCATION OUTSIDE THE U.S.
If you are located outside the U.S., then you are responsible for complying with any local laws in your jurisdiction that might impact your right to use the Company Wiki or Site, and you represent that you have complied with any regulations or registration procedures required by applicable law to make the WikiTerms enforceable.
These WikiTerms constitutes the complete and exclusive agreement between you and Jigsaw with respect to Jigsaw’s Company Wiki and supersedes any other oral or written communications between the parties regarding the subject matter herein. Any rights not expressly granted herein are reserved .
If any provision of this WikiTerms is held to be invalid or unenforceable for any reason, such provision will be reformed or superseded by a valid enforceable provision that most closely matches the intent of the original provision and only then to extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
Jigsaw’s failure to act with respect to a breach by you or others does not waive Jigsaw’s right to act with respect to subsequent or similar breaches. The failure of Jigsaw to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
JURISDICTION, VENUE AND CHOICE OF LAW
This Agreement shall be interpreted and governed by the laws of the State of California USA without regard to conflicts of law provisions of any jurisdiction, and you hereby consent to the exclusive jurisdiction and personal jurisdiction of the state and federal courts sitting in and for San Mateo, California for any and all claims or disputes arising out of or otherwise relating to this Agreement. The exclusive venue for such action shall be the United States District Court for the Northern District of California or the Superior Court of the state of California in San Mateo, San Mateo County, California USA. You hereby waive any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and you waive any statutory or other right pursuant to international laws or treaties, or the laws of the jurisdiction in which you reside, to have a case relating to this Agreement adjudicated or resolved in that jurisdiction.
The headings to these WikiTerms are used for convenience only and shall have no substantive meaning or impact on the interpretation.
NOTICES AND GENERAL INFORMATION
All written notices to Jigsaw may be delivered to firstname.lastname@example.org or by submitting an online Jigsaw Support Request. Jigsaw may provide notices to you by displaying notices on the Company Wiki Pages or the Site. Jigsaw may change its addresses (e-mail or mailing) by displaying such changes on the Site. All notices not sent by e-mail shall be delivered in writing and must be sent by either overnight courier or certified mail, return receipt requested to the address below.
Please send any notices, questions or comments, or report violations of these Wiki Terms to:
- Jigsaw Data Corporation
- Attention: Company Wiki – Issues
- 2 Waters Park Drive, Suite 250, San Mateo, CA 94403
- Email: email@example.com