The Wisdom of Others is a web based personal publishing service that enables its customers to collaboratively create and print professional quality books (each, a “Book”).
The Wisdom of Others may modify this Agreement from time to time and such modification shall be effective: (1) for Users who first use the Website and Services after the posting, upon posting by The Wisdom of Others on the Website, (2) for existing Users, thirty (30) days after posting by The Wisdom of Others on the Website, or (3) for existing Users, if the modifications to the Agreement are material, thirty (30) days after The Wisdom of Others sends an e-mail containing a notification of such modifications and the continued use of the Website and Services by the User thereafter, which shall constitute the User’s acceptance of the amended Agreement. If you do not agree to the modification, you must cease your use of the Website and Services.
By using the Website and Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are eighteen (18) years of age or older; (d) if you are younger than eighteen (18) you have the explicit permission of a parent or guardian to use the Website and Services; and (e) your use of the Website and Services does not violate any applicable law or regulation. Your Wisdom of Others Account (the “Account”) may be deleted without warning if we believe that you are younger than eighteen (18) and using the Website and Services without the explicit permission of a parent or guardian, or you are otherwise in violation of the forgoing eligibility requirements.
This Agreement shall remain in full force and effect while you use any part of the Wisdom of Others Website in any way. You may delete your Account at any time, for any reason by following the instructions on “Your Account” page. The Wisdom of Others may terminate your Account for any reason, effective upon sending notice to you at the then-current e-mail address in your Account profile. Even after any termination of your account or access privileges, this Agreement will remain in effect. You understand that termination of this Agreement and your Account involves deletion of your Wisdom of Others profile information from our live databases as well as any Content that you uploaded to The Wisdom of Others Website using such Account. The Wisdom of Others will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.
You acknowledge that The Wisdom of Others reserves the right to charge for use of its Website and Services and to change its fees from time to time in its discretion. Upon using the Website and Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to The Wisdom of Others as set forth on the Website.
Conditions of sale
Eligibility; Credit Card Terms
To order any Books or other products, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by us) and associated payment information at the time you order Books or any other products hereunder, including all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. The Wisdom of Others currently does not accept cash, checks or any other payment form, although in the future we may change this policy. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before The Wisdom of Others invoices the credit card for all amounts due and payable. By providing The Wisdom of Others with your credit card number and associated payment information, you agree that The Wisdom of Others is authorized to immediately invoice your account for all fees and charges due and payable to The Wisdom of Others as a result of your purchase of any Books or other products. You agree to immediately notify The Wisdom of Others of any change in your billing address or the credit card used for payment hereunder. The Wisdom of Others reserves the right, at any time, to change its prices and billing methods for Books and other products sold, either immediately upon posting on the Website, or by e-mail delivery to you.
Fees and Charges
You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, sales, use or value-added taxes) at the rates in effect when the charges were incurred. The Wisdom of Others may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required.
You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address:
The Wisdom of Others
Attn: Customer Service
PO BOX 40093
Bellevue, WA 98015
or via email at support@TheWisdomofOthers.com. If The Wisdom of Others does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by The Wisdom of Others or its agents.
All sales of Books and other products are subject to The Wisdom of Others’ then-current RETURN POLICY, as posted on the Website.
Order acceptance policy
Your receipt of an electronic or other form of order confirmation does not signify The Wisdom of Others’ acceptance of your order, nor does it constitute confirmation of our offer to sell. The Wisdom of Others reserves the right at any time after receipt of your order to accept or decline your order for any reason. The Wisdom of Others further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by The Wisdom of Others upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.
Title and Risk of Loss
All sales of Books and other products are made Ex Works (Incoterms 2000) The Wisdom of Others’ designated point of shipment, and title and risk of loss to each shipment of the Books and other products shall pass to you when The Wisdom of Others makes such shipment available to a carrier.
When you sign up to become a Creator or log in to Contribute to a book, you will also be asked to choose a username and a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another Member at any time. You agree to notify The Wisdom of Others immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.
Your “Content” includes the text, files, images, photos, video, sounds, works of authorship, and other material (a) that you include in the Books, (b) submit to or through The Wisdom of Others as part of your use of our Services, and (c) feedback that you provide to us.
By submitting Content to any part of The Wisdom of Others Website you hereby grant to The Wisdom of Others an irrevocable, perpetual, non-exclusive, transferable, fully paid and royalty-free worldwide license (a “License”) to use, copy, perform, display, modify, publish, sell, reformat, translate, sublicense, excerpt (in whole or in part), and distribute your Content and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sublicenses to do the foregoing.
You represent and warrant that: (i) you own or otherwise have the right to grant the license set forth above in this section for the Content that you provide, contribute to the books of Creators, or provide for our print services to have them printed in a Book, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity.
The Wisdom of Others Content
The Wisdom of Others and its licensors own and retain all proprietary rights in and to The Wisdom of Others Content. You shall not reproduce, distribute, publicly perform (including by means of digital audio transmission), publicly display, create derivative works of, and otherwise use The Wisdom of Others Content. The Wisdom of Others hereby grants you a limited, revocable, non-sublicensable license to reproduce and publicly display The Wisdom of Others Content (excluding any software code) solely for your personal use in connection with your viewing of the Website.
Your Content and Activity
You are solely responsible for any and all Content that is posted by or through your Account, (including any Content that you may have received by third parties) including any e-mail, text or images included in Books submitted by you for print services, and for your interactions with other Users.
You understand that use of this Service is available for your personal, non-commercial use only. You agree that no Content of any kind submitted either by you or through your account will violate or infringe upon the safety or rights of any third party, including but not limited to copyright, trademark, privacy or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful or illegal material.
You further agree not to collect the email addresses or other contact information of Users by electronic or other means for any commercial purpose, for sending unsolicited emails or other unsolicited communications. You further agree that you may not use this Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair this Service.
You agree that you will not upload, email, transmit, post, submit for print services, or otherwise make available to the Website and Services or Users of the Website and Services any Prohibited Content. “Prohibited Content” includes Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming,”; (iv) is false or misleading, impersonates any person or entity, misrepresents you or your affiliation with any person or entity or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files; (vi) is involved in the exploitation of persons under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) except as expressly approved by The Wisdom of Others, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (x) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (xi) violates any applicable law, including, but not limited to export laws; or (xii) otherwise violates this Agreement or creates liability for The Wisdom of Others.
Enforcement by The Wisdom of Others
The Wisdom of Others has the right (but not the obligation) to review any Content and delete any Content that in the sole judgment of The Wisdom of Others violates this Agreement, is prohibited content, is illegal, violates the rights, harms, or threatens the safety of any User or any other person, or creates liability for The Wisdom of Others, its suppliers, service providers, partner companies, or any User. The Wisdom of Others reserves the right (but has no obligation) to investigate and take any and all action in its sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing Prohibited Content from the Website and Services, terminating your Account, reporting you to law enforcement authorities, and taking any and all legal action against you.
It is The Wisdom of Others’ policy to terminate the privileges and Account of any Member who repeatedly infringes copyright upon prompt notification to The Wisdom of Others by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on The Wisdom of Others Website or used in any Book in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Website of the material that you claim is infringing; (iv) your name, address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for The Wisdom of Others’ Copyright Agent for notice of claims of copyright infringement is as follows:
The Wisdom of Others
Attn: Copyright Agent
PO BOX 40093
Bellevue, WA 98015
Third Parties and Other Users
Your interactions with other Users, third parties, or with advertisers, including payment and delivery of goods and/or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User, third party, or advertiser. The foregoing also applies to any interaction between Users (including the contribution and/or receipt of any Content) in the course of making contributions to the books of others and receiving contributions from other Users to your own Books (please see also the next section). You agree that The Wisdom of Others will not be responsible for any loss or damage incurred as the result of any such interactions and dealings listed in this section or with respect to any other Users’ use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User), The Wisdom of Others is under no obligation to become involved; however, The Wisdom of Others reserves the right to monitor disputes between you and other Users.
The Wisdom of Others allows you to contribute Content to the books of Creators and to receive contributions for your own Books. Please be aware that only the Creator who invites others to contribute Content has control over if and how any Content that is contributed by such invited Contributors is used in connection with any Books that may be created. The Wisdom of Others only provides a platform for Creators and Contributors to contribute and receive Content for a Book project and it is solely up to the Creators and Contributors to agree on the use of such Content and the use and distribution of any Book that may contain such Content.
Limited Warranty for Books
The Wisdom of Others warrants that, subject to minor differences across products and printing partners as described in The Wisdom of Others’ Return Policy, Books will be free of any defects in materials and workmanship. The Wisdom of Others will, at its own expense and at its sole obligation and your exclusive remedy, replace any defective Books which you report to The Wisdom of Others via support@TheWisdomofOthers.com within fourteen (14) days of your receipt thereof.
Exceptions to Warranty
The Wisdom of Others does not proof, edit or change any of the Content in the Books that you post or submit for print services. As a result, the foregoing limited warranty does not include the obligation to correct (a) typographical errors, mistakes in grammar, unfinished text or other text errors; (b) low resolution images that may appear blurry or pixilated in print; (c) design issues, including book format, organization, style, color and page layout; or (d) any other creative choices that you make related to the Book. The Wisdom of Others assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. The Wisdom of Others is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or combination thereof, including any injury or damage to Users or to any person’s computer. Under no circumstances shall The Wisdom of Others be responsible for any loss or damage, including personal injury or death, resulting from use of any Content posted on the Website or transmitted to anyone, or any interactions between Users, whether online or offline.
Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing if such delay or default is caused by conditions beyond its control including but not limited to Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or any other cause beyond the reasonable control of the party whose performance is affected (including mechanical, electronic, or communications failure).
TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, (A) THE WEBSITE AND SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND EXCEPT FOR THE WARRANTY EXPLICITLY SET FORTH ABOVE, (B) THE WISDOM OF OTHERS EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
Limitation on Liability
TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, THE WISDOM OF OTHERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WISDOM OF OTHERS WEBSITE AND SERVICES, EVEN IF THE WISDOM OF OTHERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE WISDOM OF OTHERS’ LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE GREATER OF FIFTY U.S. DOLLARS ($50), OR THE AMOUNTS YOU PAID TO THE WISDOM OF OTHERS IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE WISDOM OF OTHERS’ LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE WISDOM OF OTHERS OR ITS AGENTS OR EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You hereby release The Wisdom of Others, its officers, employees, agents and successors from claims, demands for any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Users.
You agree to defend, indemnify, and hold The Wisdom of Others, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Website and Services in violation of this Agreement and/or arising from your breach of any warranty or provision of this Agreement.
The communications between you and The Wisdom of Others use electronic means, whether you visit the Website or send The Wisdom of Others e-mails, or whether The Wisdom of Others posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from The Wisdom of Others in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that The Wisdom of Others provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your statutory rights.
U.S. Export Controls
Content is further subject to United States export controls. No Content may be downloaded or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Content you represent and warrant that such download or use is not in violation of any such law.
Governing Law and Arbitration
This Agreement shall be governed by the laws of the State of Washington without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and The Wisdom of Others agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in Olympia, Washington (USA) and the federal courts located in Seattle, Washington (USA) in such legal action or proceeding. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than five thousand U.S. Dollars (US$ 5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, The Wisdom of Others may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from Washington law, including the laws governing what can be legally sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your purchase of Books and other products from The Wisdom of Others.
Copyright © The Wisdom of Others. All rights reserved. The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of The Wisdom of Others or other third parties. You are not permitted to use these Marks without the prior written consent of the party that owns the Mark.