General Terms
Wick’s mission is to help all Voice of Market researchers completely reimagine what's possible. The Site serves to provide information regarding services provided by Wick to its client (each a “User” and collectively, “Users”).
Eligibility
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors under the age of eighteen (18) or to anyone who may not legally work within the jurisdiction of the United States. This Site is currently available only to United States citizens and/or any individuals who are legally in the jurisdiction of the United States and may legally work within its jurisdiction. Wick does hereby disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any User of this Site. Users do hereby represent, understand, and agree to forever release and hold Wick harmless from any misstatements and/or misrepresentations made by any Users of this Site or from any and all claims of intellectual property infringement, plagiarism, or other claims regarding the use or ownership of any audio files or other intellectual property introduced to or through the Site by any User.
Links and User Information
All Users do hereby agree to be responsible for all use of the Site. Links (such as hyperlinks) from the Site to other sites on the Web do not constitute the endorsement by Wick of those sites or their content. User acknowledges that these links are provided as an information service, for reference and convenience only. It is the responsibility of the User to evaluate the content and usefulness of the information obtained from other sites. User acknowledges that Wick does not control such websites, and is not responsible for their content, and that the existence of such links on the Site to such websites (including without limitation external websites that are framed by the Site as well as any advertisements displayed in connection therewith) does not mean that Wick endorses any of the material on such websites, or has any association with their operators. Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by Wick's Terms of Use and Privacy Policy. User agrees that User accesses such third-party websites at User's own risk. Wick expressly disclaims any liability derived from the use and/or viewing of any websites or other material associated with links that may appear on this Site. All users do hereby agree to hold Wick harmless from any liability that may result from the use of links that may appear on the Site.
COPPA Compliance
The Site is intended for people 18 or older. We have also made an effort to specifically limit the Site’s appeal to people of age 18 or older. Wick will not knowingly collect any information from children under the age of 18. Wick takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously, and our policies and procedures are designed to maintain strict compliance with the Rules and Regulations set forth thereunder. That being said, Wick does not assume any responsibility for any misrepresentations regarding the age of any User made in connection with any User's use of the Site.
Commercial Use Prohibition
The Site may not be used in connection with any commercial endeavors without the express consent of Wick in advance. Wick reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress in the event that any User violates the terms of this section. Use of the Site is with the permission of Wick. Wick reserves the right to terminate your use of this Site at its sole discretion at any time.
Information Provided by Users
Users are responsible for providing accurate, timely and complete information to Wick in connection with their use of the Site. Wick is not responsible for any claims relating to any inaccurate, untimely, or incomplete information provided to us.
Your Information
"Your Information" is defined as any information you provide to us or other Users through the Site. You are solely responsible for the accuracy of Your Information. With respect to Your Information, you hereby represent and warrant to Wick that Your Information (or any items or contents listed therein):
(a) shall not be false, inaccurate or misleading;
(b) shall not be fraudulent;
(c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy;
(d) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(e) shall not be defamatory, libelous, unlawfully threatening, or unlawfully harassing;
(f) shall not be obscene or contain child pornography or be harmful to minors;
(g) shall not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) shall not create liability for Wick or cause Wick to lose (in whole or in part) the services of our ISPs or other partners or suppliers.
Solely to enable Wick to use the information you supply us with, so we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity rights, and any other rights you have in your Information, in any media now known or not currently known. Wick will only use Your Information in accordance with our Privacy Policy.
Indemnification
By agreeing to the terms of these Terms of Use, Users agree to indemnify, defend, and hold harmless Wick, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as "Affiliates ") from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred by Wick and its Affiliates in connection with any claim by a third party (including, but not limited to, an intellectual property claim) arising out of use of the Site in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. Wick and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of Wick. Users further agree to hold harmless Wick and Affiliates, as well as, if applicable, the User's employer or anyone who pays for the Service on the User's behalf, from any claim arising from a third party's use of information or materials of any kind that they transmit through or post on the Site.
Effectiveness; Termination
These Terms of Use will become effective immediately upon any use by any User of the Site. Wick may terminate a User’s ability to use or access the Site by providing the affected User or Users with written or email notice of such termination, which shall be effective immediately upon delivery of such notice to the User or Users. Furthermore, Wick may terminate a User’s access to the Site immediately for any breach of these Terms of Use or any applicable policy of Wick as posted on the Site from time to time. All decisions regarding the termination of accounts shall be made in the sole discretion of Wick. Wick is not required to provide any User with notice prior to terminating the User's access to the Site. Wick is not required to disclose, and may be prohibited from disclosing, a reason for the termination of such use. Even after the User's access is terminated, these Terms of Use will remain enforceable against such terminated User. All terms that by their nature may survive termination of these Terms of Use shall be deemed to survive such termination.
Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") on the Site and provided by Wick is owned by Wick or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Wick owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. Except as expressly provided on the Site or in the Terms of Use, Users may not copy, download, use redesign, reconfigure, or retransmit anything from the Site without Wick’ prior express written permission. Furthermore, Users are not allowed to post or distribute any material that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject Users to termination from the use of this Site or civil or criminal penalties. In addition, the Site contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Wick and/or the relevant right holder.
Notice of Trademark Rights
The service marks and trademarks Wick.com and the Wick logo are service marks owned by Wick. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. Users acknowledge the rights of Wick and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner as expressly allowed by these Terms of Use.
Privacy
Wick' Privacy Policy located on this Site as modified by Wick from time to time shall govern any disclosure or use of User's personal information. By using this Site, you do hereby represent, understand and agree that you have reviewed and agree to those terms.
Copyright Complaints and Copyright Agent
Wick respects the intellectual property of others, and asks Users to do the same. Wick seeks to be in continuing compliance with the Digital Millennium Copyright Act. In order to protect intellectual property from misuse, Wick asks Users to help us. If Users believe, in good faith, that any materials on the Site infringe upon Users' copyrights, please provide Wick’ Copyright Agent with the following information:
Wick’s Copyright Agent for Notice of Claims of Copyright Infringement can be reached at the following information: by mail, 3535 Peachtree Rd NE Suite 320, Atlanta, GA 30326. Wick will terminate access to the Site of those who engage in repeated acts of infringement.
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Site where the material you claim is infringed is located. Include enough information to allow Wick to locate the material, and explain why you think an infringement has taken place;
- A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
- Your address, telephone number, and e-mail address;
- A 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; and
- A statement by you, made under penalty of perjury, that the information in your Notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Wick’s Copyright Agent for Notice of Claims of Copyright Infringement can be reached at the following information: by mail, 3535 Peachtree Rd NE Suite 320, Atlanta, GA 30326. Wick will terminate access to the Site of those who engage in repeated acts of infringement.
Limited License
Wick grants Users a nonexclusive, revocable right to use the Site provided that Users do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form, or (iii) violate any term in these Terms of Use.
Modifications to the Site
Wick reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to the User. Users have the same rights with regard to their self-generated content on the Site. Users agree that Wick shall not be liable to User or any third party for any modification or discontinuance of the Site.
No Agency
Users are not legally affiliated with Wick in any way by virtue of their use of this Site and no independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Use.
Disclaimer of Warranties
USER EXPRESSLY AGREES THAT THE USE OF THIS SITE IS AT THE USER'S SOLE RISK. NEITHER WICK NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THE SITE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. WICK IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR SERVICE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER WICK NOR ITS AFFILIATES OR LICENSORS WARRANT OR GUARANTEE THE TIMELINESS, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING ON THE SITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO RESULTS OF ANY USER'S USE OF THE INFORMATION AVAILABLE ON OR VIA THE SITE. WICK AND ITS AFFILIATES DO NOT WARRANT THAT THE SITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THE COMPANY AND ITS AFFILIATES TAKE REASONABLE MEASURES TO ENSURE THAT THE INFORMATION PROVIDED BY USERS IS DISCLOSED ONLY TO THOSE PERSONS SPECIFIED BY USERS. WICK AND ITS AFFILIATES CANNOT AND DO NOT, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. USERS AGREE NOT TO HOLD WICK OR ITS AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED BY USERS THROUGH THE SITE. THE COMPANY AND AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE.
Limitation of Liability
Under no circumstances will Wick or its Affiliates be liable to Users for any indirect, incidental, consequential, special or exemplary damages arising from any provision of these Terms of Use or any violation of any provision of these Terms of Use. Furthermore, the aggregate liability of Wick or its Affiliates arising with respect to these Terms of Use and the Site will not exceed the total amounts paid by any User in the previous twelve (12) months under these Terms of Use. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
Arbitration
Any controversy or claim arising out of or relating to an alleged breach of these Terms of Use or the operation of this Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Atlanta, Georgia and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Wick may seek any interim or preliminary relief from a court of competent jurisdiction in Atlanta, Georgia, necessary to protect the rights of property for you or Wick pending the completion of arbitration.
General Provisions
Failure by Wick to enforce any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules. Any controversy or claim that is not subject to the Arbitration provision set forth in these Terms of Use, other than action for a specific performance or for injunctive relief brought by Wick, shall be exclusively brought in the federal, state, or local courts located in Atlanta, Georgia; and, with regard to such claims and disputes, Users hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts. These Terms of Use constitute the entire agreement between Users and Wick with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of Wick, its successors and assigns.