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You are welcome to browse the Wigix Website. Youth under the age of 13 may view and use the Website for informational and educational purposes, but no one under the age of 13 is allowed to register as a member, or to set up an account or profile, or use any of our Services where personal or identifying information is collected. If you are between the age of 13 and 18, you may only use the Website in conjunction with and under the supervision of your parents or guardians.
Registration with the Website is required to use the Services including but not limited to e-mail alerts, item listings, member ratings and reviews, posting of blogs and article comments, and setting up storefronts. The registration process will require certain personal information which will help us identify you when you next visit the Website. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form and (b) maintain and promptly update the account information to keep it true, accurate, current and complete. If you provide any false, inaccurate, outdated or incomplete information, Wigix has the right to suspend or terminate your account and refuse any and all current or future use of any of the Services. It is your responsibility to maintain the confidentiality of your User ID, password and membership account information. Your Wigix account and Wigix rating are not transferrable or assignable to any third party.
Unless otherwise specified, all information and materials appearing on this Website is owned by Wigix and its content suppliers. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of Wigix and is protected by copyright, trademark and other intellectual property laws. No part may be used, reproduced, distributed, published, modified, displayed, broadcasted, hyperlinked or transmitted in any manner or by any means or stored in an information retrieval system without Wigix's prior written consent. Further, you may not, without the prior written consent of Wigix, insert a hyperlink to this Website or on any part thereof on any other website or 'mirror' any material contained on this Website on any other server, website or web page. All trademarks and service marks displayed on this Website are the property of Wigix and, where applicable, third party proprietors identified on the Website. You shall have no right or license to download, reproduce or use any such trademarks or service marks whether for use as a link to any website or otherwise, except with the prior written approval of Wigix or third party proprietors (as the case may be). All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
The Wigix Website and online services are provided "as is", "as available", and without warranty of any kind. Wigix does not warrant the adequacy, accuracy, or completeness of any information and materials on this Website and expressly disclaims responsibility for any errors or omissions therein. No warranty of any kind, implied, express or statutory (including but not limited to, warranties of title, merchantability, satisfactory quality, non-infringement of third-party intellectual property rights, fitness for a particular purpose and freedom from computer virus and other malicious code), is given to such information and materials.
The Wigix Website is a community-driven marketplace where members can buy or sell goods among themselves. Other than providing a venue, Wigix does not get involved in the actual transaction between buyers and sellers. Wigix has no control over and does not guarantee the authenticity, legality, quality, or safety of the items listed, the truth or accuracy of any listings, the ability of sellers to sell items or the ability of buyers to pay for items, or that a buyer or seller will actually consummate a transaction. We have established a feedback system to help you evaluate other Wigix members. We also encourage you to communicate directly with potential trading partners through the tools available on the Website. In all cases, the transaction risk is borne by the transacting members themselves.
Wigix does not transfer legal ownership of items from the seller to the buyer. Nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), under which the legal ownership of an item is transferred upon the physical delivery from the seller to the buyer.
You understand and agree that obtaining any information or materials and/or goods or services through our Website is done at your own discretion and risk. You will be solely responsible for any loss or damage resulting from any transaction. Under no circumstance shall Wigix be liable to you or anyone in any way for any loss, damage, cost, or expense arising from your use of the Website. You will not hold Wigix responsible for other members' actions or inactions, including the things they post.
To the extent legally permitted, Wigix excludes all implied warranties, terms and conditions. Some jurisdictions do not allow the disclaimer of warranties or exclusion of liabilities, so such disclaimers and exclusions may not apply to you. Regardless of the foregoing statement, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100.
As a condition of your use of the Website, you warrant to Wigix that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other member's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. Member must not participate in any fraudulent activities which include but not limited to (1) using automated software, manual processes, or other means to commit click fraud on advertisement without the bona fide intent to purchase, (2) creating multiple or fake user accounts to conceal one's identity or activity, and (3) colluding with other members to inflate one's contributions to win a promotional event or contest. Any display of advertisement, information or hyperlink on your profile, account, or storefront that attracts, invites or solicits members to use third party venue or marketplace to buy or sell any products or services outside of Wigix is strictly prohibited, subject to removal without notice, and may result in termination of membership privileges.
You must exercise proper care and reasonable judgment in using the Website and Services. You are responsible for any information or material you place on or transmit to or through the Website or Services. You agree, represent and warrant that any content you post to or transmit through the Website or Services is truthful, accurate, not misleading and offered in good faith. Such content (including without limitation, data, text, information, software, photographs, video, or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.
While Wigix reserves the rights, but not the obligation, to review, edit, modify, restrict or remove such content, Wigix does not endorse, takes no responsibility and assumes no liability for any content submitted or posted by you or any third party. Moreover, Wigix is not obligated to maintain back-up of any content and shall have no liability for failure to maintain such content or deletion of such content.
By posting content, you grant Wigix the right to use your submitted name in connection with your content. You also grant Wigix and its subsidiaries and affiliates the world-wide, royalty free, irrevocable, non-exclusive, and fully sub licensable right and license to use, reproduce, display, adapt, modify, copy, distribute, publish, translate, promote, and create derivative works from the content in any form, anywhere and for any purpose. Further, you represent and warrant that you own or otherwise control all rights to the content and that public posting and use of the content will not infringe upon or violate the rights of any third party. Digital imagines (photo, picture, video, PDF file, etc.) must not contain embedded watermarks, company logos or signage, website URL's, time or date stamps, or copyrighted artwork. Wigix is in no way responsible for any subsequent use of uploaded contents and you release Wigix from any disputes regarding such use.
Your content must not hurt or upset any person or entity. Furthermore, the content must not contain libelous or otherwise abusive, indecent, obscene, offensive, threatening or unlawful material. Content may not contain software viruses, political campaign material, commercial solicitations, chain letters, market survey, mass mailings or any form of "spam." You agree not to use a false email address, impersonate any person or entity, or otherwise misrepresent your identity or the origin of any content you may submit. The member submitting the content is solely responsible for any losses, costs, expenses and damages that result from any violations of Wigix's policies regarding the content. Wigix intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
It is the responsibility of both the seller and the buyer to ensure that the items listed for sales on Wigix Website are appropriate under all applicable laws and regulations. No one may offer for sale or sell items to any buyer in a jurisdiction where the item or terms of the sale violate the applicable laws or regulations. Under no circumstance does Wigix permit or condone the sale or shipment of such prohibited and/or restricted goods and services among members on its Website. In its sole and absolute discretion, Wigix reserves the right to, but has no obligation to, refuse, reject or remove any listing of product for sale that could be prohibited or restricted by the laws of the United States of America or any international law.
By continued use of the Wigix Website, member hereby certifies that he or she will ensure that none of the following items or product categories are promoted, reproduced, distributed or published in association or conjunction with this Website that may violate any law or regulation. In addition, member hereby agrees to indemnify and hold Wigix and its successors and assigns harmless from any claim, action, liability, loss, damage or suit arising from a breach by member of these terms or a violation by member of any applicable prohibitions or restrictions on the sale or shipment of the following goods and services.
The above is not an exhaustive list of prohibited and restricted items or categories. Whether as buyers or sellers, members of the Website are responsible for knowing and complying with any applicable laws and regulations that pertain to the items for sales and the manner of sale.
This Website may contain contests, sweepstakes or other promotions ("Promotions") that offer prizes. Each Promotion has its own rules and policies, which you must read and agree to before participating. If you are between the age of 13 and 18, you must have permission from your parents or guardian before entering any contest, sweepstakes or game that requires information about you or offers a prize.
Feedback is an integral part of every buy-sell transaction and a way to increase member trust and security within our community. Members should use the feedback system to make Wigix a safe and trusted Website to transact business. Appropriate feedback rating should be based on honest and equitable assessment of the trading partner. Feedback will be edited or deleted if there is a police report about the transaction or if it contains, in Wigix's sole discretion, vulgarity, member personal information, or defamatory statements. Moreover, Wigix reserves the right to suspend or terminate any membership suspected of feedback blackmail, extortion, or retaliation.
If you have a dispute with one or more members, you release Wigix and its all related parties including officers, directors, employees and subsidiaries from claims, demands and damages of every kind and nature arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
I further consent to the reproduction and/or authorization by ___________________to reproduce and use said photographs and recordings of my voice, for use in all domestic and foreign markets. Further, I understand that others, with or without the consent of ________________ may use and/or reproduce such photographs and recordings.
I hereby release Wigix, Inc. and any of its associated or affiliated companies, their directors, officers, agents, employees and customers, and appointed advertising agencies, their directors, officers, agents and employees from all claims of every kind on account of such use.
If the model is under 18; I, ____________________, am the parent/legal guardian of the individual named above, I have read this release and approve of its terms.
Print Name: ___________________________
Signature: ___________________________
Date: ________________________
You agree to indemnify and save Wigix and all its related parties harmless against any and all damages, losses, expenses and costs (including legal costs) suffered or incurred by Wigix in connection with or arising from any activities conducted under your User ID or account, including but not limited to, posting of content on the Wigix Website, entering into transactions with other members, contacting others as a result of their posting(s), infringing a third party's intellectual property or other rights, failing to deliver goods or payment to other members or otherwise arising out of your breach of any terms of this agreement.
You acknowledge and accept that the inherent nature of the Internet is such that transmissions may be subject to interruption, interception, hacking, transmission blackout, delayed transmission and/or incorrect data transmission. Wigix will not be liable for malfunctions in communications facilities not under its control that may affect the accuracy, authenticity or timeliness of messages and transactions that may be sent and does not warrant that any identified defect will be corrected.
Wigix provides its services electronically via the Internet. By using this Website, you agree to the use of electronic communication in order to enter into agreements, place orders, participate in marketing campaigns or events, and to the electronic delivery of notices, policies, and records of transactions. Electronic communications shall be deemed received by you when we send the electronic communication to the email address you provided at the time of registration or as updated by you, or when we post the electronic communication on the Wigix Website. You agree that all such notices, disclosures, and other communications that Wigix provides to you electronically satisfy any legal requirement that such communications be in writing.
As a convenience to you, Wigix may include hyperlinks to websites on the Internet that are owned or operated by third parties. Wigix has no control over and is not responsible for the content or performance of such linked websites. Furthermore, the hyperlinks provided on this Website shall not be considered or construed as an endorsement or verification of such linked websites or the contents therein by Wigix. You agree that your access to and/or use of such linked websites is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein.
To receive payment, you are to provide Wigix with the relevant tax information. If you are a business organization, please provide your EIN in the proper 9-digit format as in 12-3456789. If you are an individual, please provide your social security number in the proper 9-digit format including dashes such as 123-45-6789. If you are non-resident alien, you will need to provide Wigix a completed IRS form W8-BEN. The table below provides the tax forms for your completion and submission to Wigix at FAX: 1-510-893-7788. Be sure to include a cover sheet that indicates your Wigix account name.
| Form W9 for U.S. residents and businesses |  W9INST.pdf | W9.pdf |
| Form W8-BEN for Non-resident aliens | W8BENINST.pdf | W8BEN.pdf |
In the event you earn more than $600 per year, Wigix will provide you with Form 1099-MISC. It will be your responsibility to provide it to the IRS together with your tax returns.
Wigix is not liable under this Agreement for any injury you may suffer or allege to suffer as a member of the Wigix Website. In the event, however, that you wish to assert any claim against Wigix for any purpose whatsoever, you expressly agree that such dispute will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration. You agree that notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Wigix online services or Website or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Legal action taken by Wigix to collect fees and/or recover damages for, or obtain an injunction relating to, the Wigix Website operations, intellectual property, and Wigix' services shall not be subject to the foregoing restrictions.
The information and materials contained herein are subject to change (including, without limitation, modification, deletion or replacement thereof) without notice to you. Headings are for reference purposes only and in no way define or limit the scope of any section. If any part of this Agreement is deemed invalid or void, that part of the Agreement shall be deemed severable and shall not affect the validity or enforceability of any of the remaining conditions. Wigix's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Wigix may terminate your access to this Website and/or your use of the online services at any time without notice and without assigning any reason therefor. Wigix and you are independent entities, and nothing in the Terms, or via use of the Website or online services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Wigix and you.
Nothing herein shall be construed as a representation by Wigix that the information and materials contained in or accessed through this Website is appropriate or available for use in geographic areas or jurisdictions other than California, United States. By accessing this Website and/or using the online services, you agree that such access and/or use, as well as these Terms of Use shall be governed by, and construed in accordance with, the laws of California and you agree to submit to the non-exclusive jurisdiction of the California courts.
Keeping fees at bay
