Terms of Use

November 1, 2010
 
Wacktrap.com, (“Wacktrap” or “we”) operate(s) Wacktrap.com.
 

USERS AND TERMS ("TERMS," "TOU"): The Wacktrap.com Terms of Use (TOU) include Terms listed here, the Wacktrap Copyright/IP Policy and the Wacktrap Privacy Policy. Your agreement to the Wacktrap Terms (TOU) means that you certify that you, as a Wacktrap User, have read, acknowledge and agree with these three components which comprise Wacktrap Terms of Use (TOU).
 
Wacktrap.com Terms of Use (TOU) are legally binding terms and conditions for ‘Users’ of the website and, by using this Wacktrap website, you fully agree to all the terms and conditions outlined. This Wacktrap.com website reserves the right to change, update or modify Terms of Use (TOU) and any of its conditions or components including any or all Terms outlined here, the Wacktrap Copyright/IP Policy and/or the Wacktrap Privacy Policy; additionally, any such changes to those Terms outlined here, changes to the Wacktrap Copyright/IP Policy, and/or changes to the Wacktrap Privacy Policy may occur at any time and without any requirement of prior notice to Users or any other entity.
 
The term ‘User’ appears throughout this Terms of Use document and refers both to (a) any individual or entity that is viewing the website or (b) any individual or entity whom is registered with the website. Throughout Wacktrap website documentation, registered 'Users' of Wacktrap.com may interchangeably be referred to as 'Members'. As a User, you agree to these Terms of Use inclusive of its Privacy Policy and Copyright Policy components, which constitute the entire agreement between the User and Wacktrap.com. You as a user are responsible for regularly reviewing these Terms of Use and conditions set herein and which may be modified or amended at any time, to ensure that you check for any updates or modifications. Your access to and/or use of the Wacktrap.com website constitutes your full agreement to all such Terms of Use and conditions indicated, without exception. If you do not agree with any Term or Condition herein, you should immediately discontinue all viewing, use, or services of Wacktrap.com and leave the website.
 
MINIMUM AGE: Use of the Wacktrap website is limited to Users 14 years or older. Upon any registration as a User of this site, you as a User must additionally verify electronically that you are a minimum of 14 years of age.
 
PERSONAL USE: Unless otherwise specified, the Wacktrap.com website is for your personal and non-commercial use and you are not permitted to in any way modify, copy, distribute, display, perform, reproduce, publish, license, nor create derivative works from, transfer, retransmit, or sell any information, products or services obtained from the website. You may not use any computerized or automatic mechanism which to access or extract any information from the website.
 
USER REGISTRATION: Access to certain sections or features of the Wacktrap.com website may require you to first become a Registered User. For any required registration, you agree to provide true and accurate name, physical address, email address and any other required information for registration. You agree that registration is for your individual use only and that you hold sole responsibility for any and all communications made by you to or via the website and including but not limited to your expression of opinions and/or beliefs, written comments or postings made in forums, chat areas, in threads or other areas, as well as any other form of communication (hereinafter referred to collectively as ‘Submissions’) made by you as a User. You as a Registered User are responsible for your account and the information and Submissions made from that account. Your account is password-protected and protection of that password is your responsibility, never to be provided, given or transferred by you to any other person, company or entity. You explicitly understand that the information and opinions in both the third party content, and any content provided or submitted by and WackTrap.com user solely represents the thoughts and/or beliefs of the author and is neither endorsed by nor necessarily reflects the beliefs of Wacktrap.
 
SITE SAFETY & PERSONAL INFORMATION: Site Safety is important and personal exchange of information is therefore prohibited on the Wacktrap.com website. For the safety of Users and the website, Users may not provide or communicate to any other User his/her personal information of any type. Such information that is prohibited for exchange or disclosure includes but is not limited to name, address, telephone numbers, or any other type of specifically identifying information, with examples including but not limited to social security numbers, detailed physical descriptions, vehicle license plate or identification numbers. Users are prohibited from making any Submission, posting, or communication of any type concerning their own personal information or that of any other personal individual. In efforts to place personal safety of utmost importance, please immediately report any witnessed abuse of this policy immediately through the ‘Abuse’ link at the site homepage. Wacktrap.com cannot be held responsible in any manner for monitoring of the site, and holds no liability nor responsibility concerning violations by any User and his/her exchange or disclosure of personal or identifying information.
 
MEMBERSHIP PROGRAMS:
Membership Programs, such as Wack Stats, are subject to change or be discontinued at any time and without prior required notice. Changes to the Wack Stats program include, but are not limited to: program duration, program requirements, Stats required to meet next membership tier, and Stats awarded or applied per category type.
 
LINKING PERMISSION:
You may provide links to the Wacktrap.com website providing that you adhere to all of the following: (a) that you do not remove or obscure through any means the Wacktrap Copyright/IP Notice, any advertisements, or any other website Notices, (b) that your site does not engage in any illegal, obscene or pornographic activities, and (c) that you immediately discontinue providing links to the Wacktrap.com website should you be requested to do so. Any request for links to this website to be discontinued by you or your site are (a) at the sole discretion of Wacktrap, (b) requires no prior notice, (c) requires no provided reason for link discontinuation and (d) this website is not legally or financially responsible to any individual, company, or any other entity for link discontinuation requests.
 
ADVERTISERS & THIRD-PARTY SITES: The Wacktrap.com website may contain links or advertisements to non-affiliated websites which are controlled or offered by third parties. For such non-affiliated third-party websites or advertisers, Wacktrap.com fully disclaims liability for any information, materials, products or services posted or offered at any of the third party sites that may be linked from this site. By creating a link to a non-affiliated or third-party website, this site does not endorse or recommend, in any way, any product or service offered at those sites, nor endorses any information, product, claim or service made by any advertiser, found at any third-party site. Wacktrap.com is also not liable and has no responsibility for any failure of any product, information, claim, promotion or service offered or advertised at any linked and non-affiliated third-party website. This site holds no liability and is not responsible for any mistake, defamation, omission, falsehood, opinion, obscenity, representation or misrepresentation made by any third party. Any interaction or dealings with any third party, inclusive but not limited to any advertiser or promotion is solely between you and the advertiser or the other third party and the third party’s site Terms of Use.
 
To Contact Wacktrap for Advertising for companies interested in advertising on the www.wacktrap.com site, the company, agency or the representative may contact Wacktrap directly via the above webform link. You may instead or additionally contact Wacktrap via direct email: advertising@wacktrap.com, or via physical mail or telephone at the contact information located within the Wacktrap Privacy Policy.
 
PROHIBITED USES: Condition of use of the Wacktrap.com website is your agreement that this site will not be used by you for any purpose that is either unlawful or prohibited by the Terms and Use. Distribution, copying, amending, or commercial exploitation of any material found on the WackTrap.com website is strictly prohibited. Educators please view the Term outlined below. Express written permission is required for any other special circumstance, and permission may be granted or withheld at the sole discretion of Wacktrap.com. This website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country with contrary laws or regulations.

You are not permitted to use this website in any manner which could potentially damage, disable, overburden or impair the website, its connected networks, or otherwise negatively impact its technical function. You are strictly prohibited from attempting to gain unauthorized access to the site, any of its accounts, technical equipment, servers, computer systems or networks connected to this website by any means, including without limitation any type of hacking or password mining. You additionally agree never to interfere with any other party’s use or enjoyment of the website. You may not obtain, nor attempt to obtain, any materials or information through any means not intentionally made available through the website. This includes manual or technical attempts of harvesting information via the use of spiders, robots or scrapers.
 
EDUCATIONAL USE: Sole exception to the Wacktrap.com Prohibited Use policy, outlined above, concerns request for use of content or material meant strictly for use in the field of Education. If you are a professor or teacher and would like to request limited use permission be granted for non-commercial, educational purposes: Contact Wacktrap, selecting 'Education' from the dropdown. Please also refer to the Wacktrap Copyright/IP Notice for additional information.
 
SPAM: Spam is strictly prohibited in any manner at Wacktrap.com. All posts or Submissions related to pornography, obscenity, gambling, real estate ventures, direct marketing, or company-specific marketing purposes will be removed and these violators permanently banned from the site. Spam violators, or suspected violators, may be permanently barred from the site at our sole discretion and without requirement of any prior notification. Spamming referred to includes not only widespread dissemination throughout listing and forum areas, but also ‘comments,’ ‘posts,’ ‘beliefs,’ or ‘opinions’ expressed by any User whom is posing as an unbiased individual but is instead employed with, contracted by, or otherwise affiliated with the company or service supposedly receiving praise. To place preservation of the integrity of this site, tolerance for such spam and related behavior is zero. Users are urged to report spam immediately, through the abuse link found on the website homepage as well as to provide their feedback concerning blatant spam abuse by companies.
 
USER BEHAVIOR: The Wacktrap website may contain user communication areas inclusive of, but not limited to, bulletin boards, chat groups, forums or other types of communication services that are specifically designed to enable users to communicate with others. You as a user specifically agree to post or send messages only of an appropriate nature and in accordance with the subject of the forum area, thread or bulletin board and are prohibiting from posting or disseminating spam. You may never make Submissions or use any portion of the website including but not limited to chat or forum areas, listing areas, posting areas, review areas, discussion threads, or any other part of the WackTrap website to defame, abuse, harass, threaten or otherwise violate the legal rights of any other person or group nor make any Submission related to or concerning the abuse or violation of any animal or living being.

Wacktrap does not condone any such type of behavior however cannot be held responsible, in any manner, for the words or actions of any User. Regardless of our policies banning the above, should a User violate any such policy, WackTrap.com assumes no liability or responsibility for any such material appearing on the website. The website may, at its sole discretion, temporarily suspend or totally terminate the account of any user at any time, for any of the afore or below-mentioned types of website abuse, or for any reason it deems necessary at its sole discretion, and may not be held legally responsible for any such suspension or permanent barring from the site. No user is permitted to use the website to ever publish, distribute or disseminate any inappropriate, profane, discriminatory, obscene, defamatory, indecent or unlawful topic, message, material or information concerning any living being or group.
 
USER SUBMISSIONS: A portion of the Wacktrap.com site includes materials provided or submitted by Users to the Wacktrap.com website, inclusive of comments, feedback, ratings, graphics, suggestions in the form of user posts, or input for review by members of the general public, or by members of a public or private group (hereafter referred to collectively as “Submissions”).
Any and all remarks, suggestions, ideas, graphics, or any other type of information communicated by you to us (collectively referred to as a "Submission") will forever be deemed sole property of Wacktrap.com and no User will be financially compensated or compensated in any other manner for Submissions to this website or company. The website is not required to treat any Submission as confidential, nor will it be held financially liable or liable in any other manner for any content provided, ideas, opinions or beliefs as Submissions; these also include without limitation any product, service or advertising ideas provided or Submitted to the website or company.
 
You are solely responsible for any and all of your interactions with other Wacktrap members. Wacktrap reserves the right, but holds no obligation, to monitor disputes between you and other www.wacktrap.com site members.
 
The Wacktrap site will not incur any type of liability as a result of any similarity, product or service change or update with this site or any other company appearing on our site that may occur following Submissions. This site is not responsible for any type of financial compensation, nor any other type of compensation in any regard, to any User, individual, entity or company regarding Submissions provided to the Wacktrap.com website. Wacktrap, any of its businesses or operations, will forever have exclusive ownership without limitations of all present and future existing rights to Submissions of every kind and nature everywhere. This means we are entitled to use any Submission for any and all purposes, commercial or otherwise, and entirely without compensation to you or any person or company sending the Submission. You as a User acknowledge full and sole responsibility for Submissions and all material or content submissions of any type, and you alone have full responsibility for the message and its content including without limitation legality, reliability, appropriateness, originality, copyright or right to use.

A condition of your use of the Wacktrap.com website is that by posting, uploading, inputting, providing, entering or otherwise submitting your Submission of any or all types, you hereby grant Wacktrap and/or any of its agents specific permission to use your Submission in connection with operation of this website or any other businesses. This granted permission includes without limitation the right to copy, distribute, make available for sale, transmit, publicly display, reproduce, edit, translate and reformat your Submission, and/or to publish your name in connection with your Submission, all without any form of payment or any other type of compensation to you in respect of any such use of your Submission. As a user of this website, you warrant and represent that you alone own and control all of the rights to your entire Submission, including without limitation, the rights necessary for you to post, upload, input, provide or submit your Submission. No print-out or electronic version of any part of the Wacktrap.com website, nor any its site contents may be used by you in any litigation, claim, legal or arbitration matter whatsoever, under any circumstances.

This site reserves the right to review or remove any material which it alone deems inappropriate, in its sole discretion, however holds absolutely no obligation to monitor the website and is not financially and/or legally responsible for any User Submission of any type including but not limited to opinions, views, comments, postings, verbal or written communication, content provided or any other type of Submission. Submissions and ratings are provided by Users under Freedom of Speech; User opinions, beliefs, and all content provided are not necessarily the beliefs of this website; WackTrap.com is not responsible financially, legally or otherwise to any individual, company, group or other entity for any claim as to loss or damages of any type, arising from any content or material appearing on this site.
 
INFORMATION & PRESS RELEASES: The wacktrap.com website contains information and may contain Press Releases or media information concerning our site. We fully disclaim any duty to update such information in any stipulated timeframe, and hold no obligation concerning any information regarding other companies or entities that may be contained in the Press Releases. Nor does mention or inclusion of any other company in a Press Release on the website constitute any endorsement by Wacktrap.com.
 
PAYMENT: For any type of payment made to Wacktrap.com for any type of available services that may be offered by this website, you represent and warrant that (a) any credit or debit card information supplied by you is true, accurate and complete and that you are the owner of the credit or debit card being used for the transaction, (b) that charges incurred by you in the transaction will be fully honored by your credit card or debit card company or bank and (c) that you claim full responsibility for payment of the related credit or debit transaction charges inclusive of any taxes where applicable.
 
INDEMNIFICATION: You as a User agree to indemnify and forever hold harmless Wacktrap.com and any of its subsidiaries, affiliates, directors, officers and/or employees from any and all claims, legal demands, or damages inclusive of any reasonable attorneys’ fees, asserted by any third party or arising out of your personal use of, violation, or conduct on, the Wacktrap.com website.
 
DOCUMENTS & FORMS: This site may contain checklists, forms, articles and/or other types of documents (collectively referred to as ‘Documents’). Any such Document that may be provided on this website is for personal one-time use only and intended for non-commercial purposes. You as a User of this website are prohibited from any right to distribute, assign any type of license or relicense or transfer any type of license of any of these Documents. These Documents are available or provided only “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” These Documents may not suit your exact needs and we disclaim any representation or warranty as to merchantability or that these documents are suited or correct for your particular purpose. WackTrap.com holds no financial and/or legal responsibility concerning your use of any of these Documents available on the website. Should you have any question, your option is to seek legal Counsel Advice prior to using any type of Document. 
 
COPYRIGHT: The entire Wacktrap Copyright/IP Policy should be referenced for policy in full. Do not attempt to copy or distribute any portion of this website, inclusive of text, graphics or layout, as doing so will result in your financial liability for Damages under Federal and State Copyright Infringement Laws. The WackTrap.com website, all Documents, Submissions, Articles and Tools herein are protected by Federal and State Copyright Laws and international treaty provisions and, as such, are legally prohibited from being copied or imitated in part or whole. No logo, trademark, graphic, text or image from this website may be copied or retransmitted without the express written permission of Wacktrap.com as the Intellectual Property Rights Owner.
 
Under no circumstance may any portion of this website ever be copied, displayed, distributed, modified or reproduced without express written consent and not for commercial purposes of any type. The layout and look of this website are additionally protected by Copyright Laws and include without limitation website content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site. Violation of Copyright Laws including Copyright Infringement will result in prosecution of the violation(s) and the pursuit of legal Damages to the full extent allowable under Federal law, State law or both where applicable. As a User of this website, which includes viewing, you do not acquire ownership rights to any content, document, layout, graphics or other materials viewed through the Site. Display or posting of information, content or materials on this website does not constitute a waiver of any right in such information, content and/or other materials. Some content on this site, such as advertiser logos or trademarks, may be the Copyrighted work of third parties and Users are likewise prohibited from copying or use of any graphic, service mark or trademarked work represented on this site by a third party.
 
TRADEMARKS & SERVICE MARKS: "Wacktrap" and others are service marks, registered service marks or trademarks and may not be used by any other party or entity for any commercial purpose whatsoever. Other product and company names mentioned on the Site may be trademarks of their respective other or third-party owners.
 
INTELLECTUAL PROPERTY RIGHTS: If you believe your written or graphic work has been submitted by a user to the website in a manner which you believe to violate Intellectual Property Rights or believed to be a form of Copyright Infringement, please refer to the Wacktrap Copyright/IP Notice which stipulates the following be provided to Agent:

(a) Your full and true name, physical address, telephone number and email address (b) Physical signature of the Intellectual Property Owner, (c) Detailed description of the Copyrighted written or graphic claimed to be infringing, (d) Full website url where the material you claim to be infringing is appearing (d) Statement by you indicating good faith belief that the work is not authorized by you as the Copyright Owner, (e) any additional documentation or website reflecting ownership of the material and (f) signed statement by you as Copyright Owner, signed and made under penalty of perjury, that the above information provided by you is accurate.

Requests may be made by Copyright Owners only and not by outside entities. Please Contact Us with any questions regarding such policy. While Wacktrap.com takes violation of Intellectual Property Rights and the reporting of such seriously, Wacktrap.com is not responsible for monitoring of the website for Intellectual Property Rights violations nor the information provided or submitted by website users. Site users acknowledge as a condition of website use the full responsibility for their individual comments and opinions submitted as well as full responsibility for originality and ownership of all Submissions. Therefore this site maintains no legal or financial responsibility or any other type of responsibility, for user Submissions inclusive but not limited to written or graphic work nor any type of Intellectual Property Rights disputes.
 
ILLEGAL ACTIVITY: As a User of Wacktrap.com you explicitly agree to comply with all domestic and international laws, statutes, ordinances and regulations concerning use of this site and its content. Administration of this website reserves the right to investigate complaints of abuse or violations of Terms of Use and conditions including any possibility of illegal activity. This site is not responsible for monitoring of the website. Actions taken are at sole discretion of the website and may include, but are not limited to, report of suspected illegal activity to law enforcement agencies or other possible third parties in the event of suspicion of illegal activities. In such instances, appropriate identifying information will be disclosed to such officials including but not limited to User profile information, website usage, User Submissions and communication, and IP address information.
 
NO LIABILITY FOR USE: Neither Wacktrap.com nor any Affiliated Party shall be held liable in any way for any type of loss, injury, claim, liability, or damage of any kind or which results from any way due to the following (a) any errors in or omissions from this website or any interruption of service available therefrom including but not limited to that of any third party or advertiser, (b) unavailability or interruption of this website or any of its features for any duration or term of time , (c) your use of this website as an individual or as a part of a group or company (d) any content of any type that is contained within this website, or (e) any delay in, or failure of, this website.
 
Much of the content and information available on this website consists of User Submissions, and as such is the sole responsibility of the User. Wacktrap.com does not represent or warrant that information throughout the site is correct, accurate, timely, complete or otherwise reliable. This site reserves the right, in its sole discretion, to edit or delete any content, documents, articles, information, at any time and without prior notification to any party or parties. Wacktrap.com is not however responsible for any type of monitoring of content which appears on this website and which includes, but is not limited to, Submissions, postings, graphics, Documents, articles, or any other type of content available on or from the site. Use of this site is at the sole risk of the User and Wacktrap.com does not warrant or represent that this website will be entirely error-free, that it will remain free of viruses or other harmful components at all times, or that defects will be corrected. This site is additionally not responsible to any User, whether an individual or part of a group or company, for computers, computer-related components or any related technical equipment in the use of this site.
 
GENERAL: Should certain sections of the Wacktrap.com website contain any separate terms or conditions, creating a conflict, then the additional terms and conditions will govern such sections. If any part of these Terms of Use or any terms or policies of the website determined to be either invalid or unenforceable pursuant to applicable law, then such invalid or unenforceable provision will be deemed superseded by the enforceable provision most closely matching the intent of the original provision. Should this occur, the remainder of the Terms of Use shall remain in effect.
 
PRESS INQUIRIES: To Contact Wacktrap for Press Inquiries regarding the www.wacktrap.com site, the company, agency or their representative may contact Wacktrap directly via the above webform link. You may instead or additionally contact Wacktrap via direct physical mail or telephone at the contact information located within the Wacktrap Privacy Policy.
 
ADVERTISING OPPORTUNITIES: To Contact Wacktrap for Advertising Opportunities on the Wacktrap site, interested companies, agencies or their representatives may click the preceding link to contact us directly, choosing 'Advertising' from the dropdown menu.
The above contact information is valid for companies interested in advertising with Wacktrap, on the Wacktrap site. This is not valid contact information for any company or agency attempting to solicit Wacktrap for ad placement. For our own placements, our schedule is set, not in-house and Wacktrap is not accepting solicitations for placement.