WIGUP
WIGUP Site Presentation, Conditions and Usage Rules
WIGUP SITE PRESENTATION AND CONDITIONS
Property of WIGUP Corp.
WIGUP was created from a Mark Chatel concept and is the property of WIGUP Corp. (“WigupCorp”), a corporation established in the city of Ottawa, province of Ontario, Canada.
WIGUP vocation and characteristics
The vocation of WIGUP is to act as an interactive mentor, a ludo-educational web channel, with the goal of inspiring the awakening of a life mission in young people. WIGUP is an acronym for “While I grow up”.
WIGUP Members and community
WIGUP is only offered to nine to 14-year-olds and their teachers. No other person may belong to WIGUP and so be part of the WIGUP community. Only WIGUP account holders have “WIGUP Member” status.
Access & restrictions
WIGUP is accessible to all in the sense that the general public can consult the various sections of the site, but only WIGUP Members have access to WIGUP tools, activity program, forums, blogs and WIGUP community creations and contributions.
WIGUP access is conditional upon your acceptance of the WIGUP conditions posted on this site.
WIGUP applications and game program
WIGUP offers various applications and games.
WIGUP Members use some WIGUP applications, such as Elevator Pitch and Young Reporters, to make audiovisual on-camera productions alone or as a group (hereinafter “WIGUP Video Captures”).
Only WIGUP community members will have access to WIGUP Video Captures.
Description of WIGUP conditions
WIGUP membership and site usage are subject to the conditions and rules described on WIGUP under the following headings
(Hereinafter “WIGUP Conditions”)
BEFORE USING THIS SITE, PLEASE READ CAREFULLY the above-mentioned WIGUP Conditions sections.
Acceptance of WIGUP Conditions
By accessing WIGUP, you are agreeing to respect all WIGUP Conditions.
If you do not accept them, do not use this site.
If you are not satisfied with WIGUP, you have no other choice than to cease using it.
If the WIGUP Member is a minor, the parent or legal guardian who consented to the minor’s membership has thereby agreed to be bound by WIGUP Conditions concerning the minor’s use of the site.
Binding effect
WIGUP Conditions have binding effect between WIGUP users, including those who provide content, and us.
USAGE RULES
Definition
Used alone, the acronym “WIGUP” designates our website and includes, excluding WIGUP Member contributions (as defined below), services, tools, WIGUP applications and game program, content, functions, files, software (including images, music and any other software-created or -provided material), webpages, text, company names, trademarks, logos and trade names appearing there, the names of products and services offered there, icons, illustrations and the arrangement or manner in which those components are presented or arranged.
WIGUP account
To open a WIGUP account, you must precisely answer the questions asked for that purpose. During registration, we receive the following data directly from the applicant and, if the applicant is a minor, from the parent or legal guardian:
All WIGUP Members must be sure to protect the security and confidentiality of their passwords. They must immediately inform us of any unauthorized use of their WIGUP account.
WIGUP usage
WIGUP is only intended for your personal use. You are not authorized to use this site for commercial purposes or for purposes contrary to the Usage Rules or provisions of other WIGUP Conditions sections herein.
Security
For their security and the security of their respective families and school classes, WIGUP Members must never:
(a) give or provide personal information (including but without being restricted to address, telephone number, WIGUP password and school name) in e-mails, comments or other communications they transmit on WIGUP in forums, messaging or other services of this site;
(b) use false names or names other than their own;
(c) give or accept any invitation they receive on WIGUP or other websites without prior permission from their parents, legal guardians or teachers;
(d) provide, post or send their photos on WIGUP or other websites in their conversations or contributions (which are defined below) unless those WIGUP Member contributions are authorized WIGUP Video Captures as defined in our Confidentiality Policy;
(e) respond to disagreeable, shocking or threatening messages.
Personal responsibility of WIGUP Members
By opening a WIGUP account, you acknowledge and accept being solely responsible toward third parties and us for:
(a) any activity conducted from your WIGUP account;
(b) any failure with regard to the Usage Rules or provisions of other WIGUP Conditions sections herein and the consequences of such a failure (including the loss and damages we and third parties suffer);
(c) the content of your contribution (as defined below) and the consequences of posting or publishing it on WIGUP.
WIGUP is protected by applicable Canadian and foreign intellectual property, copyright and trademark laws.
This site does not belong to you.
All WIGUP Members are authorized to use WIGUP for their personal use by means of a computer by virtue of a non-exclusive, non-transferable and personal license granted to them when they join.
However, that license is conditional upon WIGUP Members’ complete compliance with the Usage Rules and provisions of other WIGUP Conditions sections herein or any other condition that could be imposed for access to this site and, if applicable, the downloading or usage of WIGUP applications and games.
That license does not grant any interest in WIGUP intellectual or material property.
The license we grant WIGUP Members does not give them permission to conduct the actions defined below. In fact, said license, through their membership, obligates WIGUP Members to neither commit nor authorize any of the following actions:
(a) use WIGUP for other purposes besides personal use;
(b) make WIGUP totally or partially accessible to third parties or redistribute any of its content through hyperlinks or other technological means without our prior written authorization;
(c) totally or partially modify content;
(d) distribute and operate WIGUP applications and games, any other component of this site or any by-product;
(e) decompile, disassemble, decrypt, extract or disassemble WIGUP software components;
(f) modify, withdraw or hide any trademark or any copyright or property notice appearing on WIGUP;
(g) post or transmit a contribution (as defined below), which:
(h) post or send spam, chain letters or the mass distribution of unsolicited messages or spam;
(i) use WIGUP for a commercial purpose or for purposes contrary to WIGUP Conditions, specifically including the posting, downloading or transmission of contributions that:
(j) interfere with, impede or disturb WIGUP operations or act in any way that, in our opinion, hampers WIGUP infrastructure or operations;
(k) collect personal data on any WIGUP user;
(l) transmit e-mails, comments or other texts on WIGUP with content or scope contrary to Netiquette, the Copyright Protection Policy or provisions of other WIGUP Conditions sections.
I affirm that my Contribution is a copyright-free production. |
Contribution usage licence
By transmitting or posting your Contributions on WIGUP, you are granting us a free, non-exclusive, irrevocable copyright-free license or permission to use them, authorize access to them, post or communicate them to WIGUP Members, reproduce, translate, store or use them in whole or in part in and for the purposes of operating or promoting WIGUP or works derived from WIGUP all over the world in all languages without restriction on duration, medium or platform (“Usage Licence”).
Accuracy of information
We cannot guarantee that the information presented on WIGUP is always accurate, free from errors or up-to-date.
Copyright and ownership notice
WIGUP Members must respect the copyright and ownership notice mentioned on WIGUP and the information and restrictions appearing or mentioned in WIGUP software, applications, games or any other content displayed or accessible on WIGUP. The use of those components for purposes other than those this notice allows is prohibited in the absence of our written prior agreement.
Trademarks
The acronym “WIGUP” and the WIGUP logo are trademarks belonging to WigupCorp. The posting on WIGUP of trademarks belonging to third parties (words, sentences, logos, designs, graphics or icons) does not imply any relationship between those third parties and WigupCorp, nor WigupCorp’s approval of the products, services or activities those trademarks identify.
WIGUP and all of its content are provided to you AS IS. By visiting and using WIGUP, you acknowledge and accept doing so at your own risk.
We make no express or implicit statement or guarantee with regard to WIGUP content, operation or usage, including no statement or guarantee to the effect that:
(a) data or information posted or transmitted on this site are accurate and reliable;
(b) usage of WIGUP will meet your needs or fulfill a specific purpose;
(c) WIGUP operation will be uninterrupted or free of error;
(d) WIGUP will not contain any virus or harmful item;
(e) transmission of communications through WIGUP will be secure and free from interception;
(d) WIGUP defects or errors will be corrected;
(e) information you have collected on WIGUP will be accurate or free of errors;
and, for software provided on WIGUP, we make no statement or guarantee of any sort, specifically on the subject of: (i) the merchantability or adaptation of that software to a specific usage; (ii) its compliance with some of their specifications; (iii) the absence of significant defects; (iv) the absence of viruses or other computer contaminants; or (v) its capacity to process or manipulate data related to dates or times without interruption or abnormal termination.
WigupCorp or its personnel, executives, managers, agents, representatives, affiliates, partners or suppliers may in no case be held responsible for any suffered damage, inconvenience or loss of any nature whatsoever attributable to:
(a) access to WIGUP or its usage;
(b) any information or content that you transmit us;
(c) the trust accorded to WIGUP information and operation, including any information obtained through any other site directing or that has directed Internet users to WIGUP;
(d) the failure of WIGUP Members to protect their passwords or WIGUP account information;
(e) any WIGUP Member failure with regard to the Usage Rules or provisions of other WIGUP Conditions sections herein;
(f) omissions and to the conduct of any site user;
(g) the usage of or inability to use WIGUP content or the content of any other site directing or that has directed Internet users to WIGUP;
(h) any change that WigupCorp could make to WIGUP.
Links to other websites
WIGUP may contain hyperlinks directing users to external websites that we do not operate (external sites). Those hyperlinks are only provided for Internet user consultation.
You access external sites at your own risk.
The mentioning of links to external sites does not mean that WigupCorp is affiliated or associated with those sites.
By providing those links, WigupCorp is in no way acting as a publisher or broadcaster of the content of those linked sites.
WigupCorp excerts no control over the content or operation of those sites and disclaims any responsibility in that regard.
You acknowledge and accept that WigupCorp is not and will not be in any way responsible for DAMAGES ATTRIBUTABLE TO ACCESS TO OR USAGE OF EXTERNAL SITES THAT A VISITOR CAN ACCESS THROUGH A LINK AT WIGUP.
WigupCorp reserves the right to prohibit or refuse to accept a hyperlink on WIGUP at any time, specifically including a hyperlink that contains or offers content or information i) contrary to Netiquette or provisions of other WIGUP Conditions sections; (ii) likely to encourage conduct that would constitute a criminal offence or give rise to liability or a violation of any local, governmental, provincial, national or international legislation or regulation; (iii) likely to injure or damage WigupCorp activities, businesses, credibility or integrity. Upon WigupCorp’s request, Internet users shall withdraw any hyperlink mentioned in this requirement.
WigupCorp reserves the right to verify if Contributions and other content from WIGUP Members comply with the Usage Rules and provisions of other WIGUP Conditions sections herein and the right to delete or hide them if the concerned Contributions or content does not completely meet those rules and conditions.
The Usage Rules and provisions of other WIGUP Conditions sections herein are in effect until the WIGUP Member’s membership ends, it being specified that membership will automatically terminate when WIGUP Members leave their schools or when they reach the age of 15.
Any WIGUP Member may terminate his/her membership at any time by sending us a request to that effect through e-mail, fax or mail at:
WIGUP
C/O WIGUP Corp.
375-A St. Laurent Boulevard, Ottawa, Ontario K1K 2Z7 Canada
Fax: (613) 742-6592
We may terminate the membership of any WIGUP Member who does not completely respect the Usage Rules and provisions of other WIGUP Conditions sections herein. We will e-mail that member notification of the closure of his or her WIGUP account.
If your WIGUP account is closed, you will no longer have access to WIGUP, and we will only retain your previously transmitted or posted Contributions on this site that comply with the Usage Rules and provisions of other WIGUP Conditions sections herein. We will also retain the Usage License and Waiver of Moral Rights you granted to us on and with regard to those Contributions. That Usage Licence and Waiver of Moral Rights will survive the closure of your WIGUP account and remain effective notwithstanding the termination of your membership.
Applicable law
Usage Rules and provisions of other WIGUP Conditions sections are all mentioned on our site and comprise the entire agreement between you and us for your WIGUP usage. You acknowledge and accept that applicable Ontario provincial law governs that agreement and that any dispute or litigation on any issue related to its interpretation or application will be submitted to Ottawa judicial district courts.
Effective date and modifications
Usage Rules and provisions of other WIGUP Conditions sections go into effect on October 28, 2010. We reserve the right to modify them at our sole discretion. WIGUP users and, for WIGUP minor members, the parents or legal guardians of those respective minors, will be informed of those modifications through updates or new rules that we will post on WIGUP, clearly indicating the effective date for each of those modifications or new rules. That date will not be prior to that online notification.
In case of infraction of these rules, we may terminate your WIGUP membership without prior notice and hide the messages and content you have sent or posted on WIGUP that violate Netiquette. We will e-mail you notification that your WIGUP account has been closed.
If your WIGUP account is closed, you will no longer have access to WIGUP, and we will not keep your previously sent or posted Contributions on WIGUP that complied with WIGUP Conditions. We will keep the Usage License and Waiver of Moral Rights to which you agreed with regard to those Contributions. That Usage License and Waiver of Moral Rights will survive after closure of your WIGUP account and will remain in effect notwithstanding the end of your membership. The license and the waiver are defined in Usage Rules.
Netiquette rules: all WIGUP member dialogues on our site in the form of e-mails, Contributions, blogs or in the context of a discussion or forum must not contain anything with an effect or object of:
(a) Conveying any personal information concerning members (including but not restricted to address, telephone number, WIGUP password and school name);
(b) Denigrating, attacking or harassing others or disturbing the peacefulness of others with malicious, mendacious, persecutory or aggressive words;
(c) Exposing others to humiliation or hatred or belittling a person or group of people based on their age, religion, race, ethnicity, gender, sexual orientation or any other reason whatsoever;
(d) Using, sending or posting crude, vulgar, obscene or malicious language or content;
(e) Encouraging or inciting the adoption of behaviour that is reprehensible or harmful to others’ health and safety (drug usage, addictions of all kinds, bomb-making, use of firearms or bladed weapons or threats are examples only and not an exhaustive list);
(f) Impersonating another person or appropriating others’ images, names, signatures or words without the consent of the concerned person;
(g) Spreading false information or rumours about others;
(h) Selling services or products;
(j) Using the letters, works or creations of others without the respective copyright holder's consent.
Effective Date and Modifications: this Netiquette policy goes into effect on October 28, 2010. We reserve the right to modify it at our sole discretion. WIGUP members, including the parents or legal guardians of WIGUP community minor members, will be informed of those modifications through updates or a new Netiquette policy that we will post on WIGUP clearly indicating the effective date of each modification or new policy. That date will not be prior to the one posted online.