Last Updated 4 February 2013 (updated Indemnity and Choice of Law and Forum sections)

1. Introduction


Wikispaces provides users with wiki hosting to build communities and collaboratively edit content (the "Service"). Wikispaces is owned and operated by Tangient LLC.

This agreement ("Agreement") between you and Tangient LLC consists of these Terms of Service. "You" means any person or entity who uses the Service and/or posts Content to the Service. By using the Service and/or posting Content you agree to be bound by the terms and condition of this Terms of Service.

2. Privacy Notice


Certain other information about you is subject to the Privacy Notice. For more information, see our full privacy notice at http://www.wikispaces.com/privacy .

3. User Conduct and Content


You understand that all information, data, text, comments, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Tangient LLC are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service.

You agree to not use the Service to:

a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

c. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

d. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

e. harm minors in any way;

f. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

g. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

h. intentionally or unintentionally violate any applicable local, state, national or international law;

i. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

j. collect or store personal data about other users.

You acknowledge that Tangient LLC may or may not pre-screen Content, but that Tangient LLC and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Tangient LLC and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Tangient LLC or submitted to the Service, including without limitation information in comments, and in all other parts of the Service.

4. Disclosure of Content and Personal Information


You acknowledge, consent and agree that Tangient LLC may access, preserve, and disclose your Content and any personal information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Tangient LLC, the users of the Service and the public.

5. No Control Over Content


Tangient LLC does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Tangient LLC be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

6. Information Rights


Tangient LLC does not claim ownership of Content you submit or make available for inclusion on the Service. However, in order to provide you the Service and maintain the Service, with respect to Content you submit or make available for inclusion on the Service, including without limitation page content and comments you post to the Service, you grant Tangient LLC world-wide, perpetual, irrevocable, royalty free, non-exclusive, fully sub-licensable license(s) to use, distribute, reproduce, modify, adapt, publish, display, and translate, such Content (in whole or in part) solely in connection with the provision of the Service.

7. Indemnity


Subject to applicable law, you agree to indemnify and hold Tangient LLC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

8. DISCLAIMER OF WARRANTIES


YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TANGIENT LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. TANGIENT LLC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE 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 THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TANGIENT LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

e. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY TANGIENT LLC AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.

9. LIMITATION OF LIABILITY


YOU EXPRESSLY UNDERSTAND AND AGREE THAT TANGIENT LLC SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TANGIENT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

10. EXCLUSIONS AND LIMITATIONS


SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 8 AND 9 MAY NOT APPLY TO YOU.

11. Modifications to Service


Tangient LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Tangient LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Tangient LLC may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Terms of Service page of the web site. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use the Service after the notice is posted, you are indicating your acceptance of those changes.

12. Severability


If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.

13. Refusal or Discontinuance of Service


Tangient LLC reserves the right to refuse or discontinue service to any user for non-compliance with these Terms of Service.

14. Headings for Convenience Only


The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

15. Choice of Law and Forum


Unless prohibited by applicable law, this Agreement will be governed by the laws of the State of California, and any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of California and you agree to personal jurisdiction by the state and federal courts sitting in San Francisco, California. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions and agree to submit to binding arbitration; provided, however, that the preceding waiver of jury trial shall not apply to any user that is legally represented by any state attorney or attorney general that does not allow any state agency to waive a trial by jury.

16. Digital Millennium Copyright Act


It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For more information, see our full DMCA notice at http://www.wikispaces.com/DMCA .

17. Children's Privacy


This section is designed to answer your questions regarding our privacy policies and principles with respect to children under the age of 13. The Children's Online Privacy Protection Act ("COPPA") requires that we inform parents and legal guardians about how we collect, use, and disclose personal information from children under 13 years of age; and that we obtain the consent of parents and guardians in order for children under 13 years of age to use this Web site.

The only personally identifiable information that Wikispaces collects about you is your email address. In fact, you are not required to provide Wikispaces your email address in order to register as a user of Wikispaces. If you do provide us with your email address, then we will only use it to contact you about the Service. We do not disclose your email address to other users of Wikispaces or to any third-parties.

If you are under 13 years of age, then we will ask you for your parents' email address. On your reply we will send your parent an e-mail and then provide your parent 48 hours to refuse your registration as a Wikispaces user. If your parent refuses to allow your registration, then we will delete your information from our database. If we don't hear back from your parent, we assume it is acceptable for you to be registered as a Wikispaces user.

If you are a teacher or school, and you are creating accounts for persons under the age of 13, then Wikispaces is not required to obtain the consent directly from the parents because we presume that the teacher's or school's authorization for the collection of student's personal information is based on the school having obtained the parents' consent.

18. Our Address


Tangient LLC
165 10th Street
Suite 50
San Francisco, CA 94103