Use of this site signifies your agreement with the following terms of use. If you do not agree with any of these terms of use, please do not use this site. eWake, Inc. (the "Company") reserves the right, in its sole discretion, to modify these Terms of Use at any time and you agree to be bound by such modifications through your use of the Company’s site.

TRADEMARKS, COPYRIGHTS & RESTRICTIONS

All materials on this site, including, but not limited to, images, illustrations, audio clips, video clips (the "Materials") are protected by copyrights which are owned or licensed by the Company. WakeWorld is a trademark of the Company. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from WakeWorld or any other web site owned or operated by the Company without the prior written permission of the Company. However, you may download or make one copy of the Materials, and other downloadable items displayed on the site, for personal non-commercial home use only, provided all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of the Company’s copyrights and other proprietary rights.

SUBMISSIONS

Any bulletin board postings, messages, suggestions, ideas, or concepts that are submitted shall become, and remain, the property of the Company. Furthermore, the Company is not responsible for the confidentiality of any information communicated to the Company web site. By communicating Materials to the Company’s site, you are granting the Company a royalty-free, non-exclusive, perpetual, unrestricted, worldwide license to publish, transmit, perform and display the Materials for any purpose, including, but not limited to, advertising and promotional purposes.

The Company is not responsible for any Materials posted on the Company bulletin boards or on any other forum on the site (the "Forums"). You agree not to upload, transmit, distribute or otherwise publish in these or any other Forums connected with the Company any Materials which:

1. are libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy;
2. are an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity;
3. are illegal in any way or which advocate illegal activity;
4. are an advertisement or solicitation of funds, goods, or services;
5. discuss the suspension or banning of members.

The Company does not and cannot review or monitor every posting made on its web site and on the Forums, and is not responsible as such for the content of such postings. However, the Company reserves the right at all times to disclose any information necessary in its sole discretion to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any information or Materials, in whole or in part, that in the Company’ sole discretion are objectionable or in violation of these terms and conditions.

LINKS

The Company is not responsible for the content of any sites which may be linked to WakeWorld. These links are provided for your convenience only and you access them at your own risk.

DISCLAIMERS

By using this web site and/or posting Materials, you agree to indemnify the Company, its officers, directors, employees, agents, distributors and affiliates for any and all claims, damages, losses and causes of action arising out of your breach or alleged breach of this agreement. THE MATERIALS ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY MATERIALS ON THE WEB SITE AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you.

The Materials provided on this web site are for entertainment and promotional purposes only. Information and opinions expressed in bulletin boards or other Forums are not necessarily those of the Company. Neither the Company, nor its officers, directors, employees, agents, distributors or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on the Company’s web site.

TERMINATION

The Company may, in its sole discretion, terminate or suspend your access to all or part of the site, including, but not limited to, any bulletin boards on its site, for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding Materials appearing on the site, and the representations and warranties, indemnities, and limitations of liabilities set forth in this agreement shall survive any such termination.

JURISDICTION

This site is controlled and operated by the Company from the Company’s headquarters in Ramona, California. The Company does not represent or warrant that Materials on the site are appropriate or available for use in other locations. If you choose to access this site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.

This agreement shall be governed by and construed in accordance with the laws of the State of California, as it is applied to agreements entered into and performed within that State. Any action brought to enforce this agreement or matters related to the site shall be brought in either the State or Federal Courts of California. If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and the Company concerning your use of the site, and the agreement shall not be modified, except in writing, signed by both parties.