Date of Last Revision: August 30, 2010.
Article 1 (Purpose)
Article 2 (Definition)
2.2 “Service Member” is defined as a member who manages own My Profile, My Video, My Gallery, My My Topic and other services that are provided by Wet Geo and network.
Article 4 (Eligibility)
4.1 Membership in the Services is void where prohibited. This Site is intended for users who are thirteen (13) years of age or older.
4.3 By using the Services or the Sites, you represent and warrant that you are 13 years old or older and that you agree to and to abide by all of the terms and conditions of this Agreement.
Article 5 (Registration Data and Account Security)
5.1.1 Provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites ("Registration Data").
5.1.2 Maintain the security of your password and identification.
5.1.3 Maintain and promptly update the Registration Data, and any other information you provide to Media Thai, to keep it accurate, current and complete.
5.1.4 You are fully responsible for all use of your account and for any actions that take place using your account.
Article 6 (Proprietary Rights in Site Content; Limited License)
6.1 All content on the Sites and available through the Services, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Sites Content"), are the proprietary property of Media Thai, its users or its licensors with all rights reserved.
6.2 No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written permission from Media Thai, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Sites.
6.2.1 Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Sites and the Sites Content and to download or print a copy of any portion of the Sites Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.
6.3 Except for your own User Content, you may not upload or republish Sites Content on any Internet, Intranet or Extranet sites or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited.
6.6 Otherwise. This license is revocable at any time without notice and with or without cause.
Article 7 (Trademarks)
7.1 Media Thai Communications, Media Thai, Mediathai, media thai, mediathai, WetnGeo, WetGeo, wet geo, wetgeo, FAMILYTREE, The Family Tree and other Media Thai and Wet Geo graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Media Thai Communications and Wet Geo in the Kingdom of Thailand and South Korea
7.2 Wet Geo’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Media Thai.
Article 8 (User Conduct)
8.1 You understand that except for advertising programs offered by us on the Sites, the Services and the Sites are available for your personal, non-commercial use only.
8.2 You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful material.
8.3 In addition, you agree not to use the Services or the Sites to:
8.3.1 Harvest or collect email addresses or other contact information of other users from the Services or the Sites by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
8.3.2 Use the Services or the Sites in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Sites.
8.3.3 Use automated scripts to collect information from or otherwise interact with the Services or the Sites.
8.3.4 Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
8.3.5 Upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that:
Are of you or your friends,
Are taken by you or your friends
Are original art or animation created by you or your friends
8.3.6 Register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity.
8.3.7 Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.
8.3.8 Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
8.3.9 Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
8.3.10 Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
8.3.11 Upload, post, transmit, share 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.
8.3.12 Intimidate or harass another.
8.3.13 Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
8.3.14 Use or attempt to use another's account, service or system without authorization from Wet Geo, or create a false identity on the Services or the Sites.
8.3.15 Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Wet Geo, is objectionable or which restricts or inhibits any other person from using or enjoying the Sites, or which may expose Wet Geo or its users to any harm or liability of any type.
Article 9 (User Content Posted on the Site)
9.1 You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Services or the Sites, or transmit to or share with other users (collectively the "User Content").
9.2 You may not post, transmit, or share User Content on the Sites or Services that you did not create or that you do not have permission to post.
9.3 You understand and agree that Wet Geo may, but is not obligated to, review the Sites and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Wet Geo violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.
9.4 You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Sites or provide to Media Thai.
9.5 When you post User Content to the Sites, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Sites.
9.6 By posting User Content to any part of the Sites, you automatically grant, and you represent and warrant that you have the right to grant, to Wet Geo an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Sites or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
9.7 You may remove your User Content from the Sites at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that Wet Geo may retain archived copies of your User Content.
9.8 Wet Geo does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
Article 10 (Copy Right Complaints)
Article 11 (Third Party Websites and Content)
11.1 The Sites contain (or you may be sent through the Sites or the Services) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content").
11.2 Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Wet Geo, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us.
11.3 If you decide to leave the Sites and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that Wet geo terms and policies no longer govern on your actions. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites or relating to any applications you use or install from the site.
Article 12 (Share Service)
12.1 Wet Geo may offers a feature whereby users of the Sites can share with others or post to their own member profile, videos, articles and other Third Party Applications, Software or Content from, and/or links to, Third Party Sites through the Service (the "Share Service").
Article 13 (Use of Share Links by Online Content Providers)
13.1.2 A "Share Link" is a button and/or a text link appearing on an Online Content Provider's web page that, upon being clicked by a user, enables us to launch a sharing mechanism through which users can share with others or post to their own member profile, links and content from that page.
13.1.3 In the event that the Share Link is a button that contains any icons or other graphic images, trademarks or other proprietary materials of the Company, Online Content Provider is granted permission to use such images, trademarks or other materials solely for the purpose of placing the Share Link on Online Content Provider's site and solely in the current form provided by the Company.
13.1.4 In the event that the Share Link is a text link, it must include the word "Wet Geo" or “WetGeo” as part of the link. The rights granted in this article may be revoked by Company at any time with or without cause in its sole discretion, and upon such termination, Online Content Provider agrees to immediately remove all Share Links from its site.
13.1.5 In order for an Online Content Provider to include a Share Link on its pages, the Third Party Site must not contain any web content that if shared or posted by a user would be a violation of the user conduct rules set forth above.
13.1.6 Without limiting the forgoing, Online Content Provider agrees not to post a Share Link on any web site that contains, and represents and warrants that such web site does not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose Company or its users to any harm or liability of any type.
13.1.7 Upon including of a Share Link, Online Content Provider agrees to defend, indemnify and hold wet Geo, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with such Share Link, any links, content or other items or materials which may be shared or posted through such Share Link, or any breach or alleged breach of the foregoing representations and warranties.
1.1.8 By including a Share Link, Online Content Provider automatically grants, and represents and warrants that it has the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use the Share Service in order to link to, use, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), summarize, and distribute the content, links and other materials of any kind residing on any web pages on which Online Content Provider places the Share Link.
Article 14 (Wet Geo Pages)
14.1 Wet Geo Pages are special profiles used solely for commercial, political, or charitable purposes.
14.2 You may not set up a Wet Geo Page on behalf of another individual or entity unless you are authorized to do so. This includes fan Article Board, fan Gallery, fan Video, fan Family Tree, as well as Wet Geo Pages to support or criticize another individual or entity.
14.3 Wet Geo and Media Thai do not pre-screen or approve Wet Geo PAGES, and cannot guarantee that a Wet Geo or Media Thai PAGE was actually created and is being operated by the individual or entity that is the subject of a Wet Geo and Media Thai.
14.4 Nor is Wet Geo and Media Thai responsible for the content of any Wet Geo and Media Thai Page, or any transactions entered into or other actions taken on or in connection with any Wet Geo and Media Thai Page, including how the owner of the Wet Geo Page collects, handle, uses and / or shares any personal information it may collect from users.
14.5 You should be careful before providing any personal information to or entering into any transaction with a Wet Geo Page.
Article 15 (User Disputes)
You are solely responsible for your interactions with other Wet Geo users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Article 16 (Privacy)
Article 17 (Disclaimers)
17.1 Wet Geo and Media Thai is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Sites or in connection with the Services, whether posted or caused by users of the Site, by Media Thai, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service.
17.2 Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Sites and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Sites or in connection with any User Content or Third Party Applications, Software or Content. Wet Geo and Media Thai is not responsible for the conduct, whether online or offline, of any user of the Sites or Services.
17.3 The Sites and the Services may be temporarily unavailable from time to time for maintenance or other reasons.
17.4 Wet Geo and Media Thai assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications.
17.5 Wet Geo and Media Thai is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services, including any Mobile Client software.
17.6 Under no circumstances will Wet Geo and Media Thai be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Sites or the Services, any User Content or Third Party Applications, Software or Content posted on or through the Sites or the Services or transmitted to Users, or any interactions between users of the Sites, whether online or offline.
17.7 The Sites, the Services (including the mobile services, the share service and the marketplace service), any platform applications and the sites content are provided “as-is” and Wet Geo and Media Thai or disclaims any and all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for particular purpose or non-infringement
17.8 Wet geo and Media Thai cannot guarantee and does not promise any specific results from use of the Sites and / or the Services and /or any platform applications.
17.9 Wet Geo and Media Thai does not represent or warrant that software, content or materials on the Sites, the Services or any platform applications are accurate, complete, reliable, current, or error-free or that the Sites or the Services or its servers, or any platform applications are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such software, content or materials and use industry-recognized software to detect and disinfect viruses.
17.10 Without limiting the forgoing, you understand and agree that you download or otherwise obtain content, material, data or software from or through the Services and any platform applications at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer systems, loss of data or other harm of any kind that may result.
17.11 Wet Geo and Media Thai reserves the right to change any and all content, software and other items used or contained in the Sites and any Services and Platform Applications offered through the Sites at any time without notice.
17.12 Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Wet Geo and Media Thai.
Article 18 (Limitation on Liability)
18.1 In no event will Wet Geo and Media Thai or its Chief Officers, Directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the sites or the services, any platform applications or any of the Sites content or other materials on, accessed through or downloaded from the Sites, even if Wet geo and Media Thai is aware or has been advised of the possibility of such damages.
18.2 You acknowledge that if no fees are paid to Wet Geo and Media Thai for the Services, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from Wet Geo and Media Thai, regardless of the cause of action.
Article 19 (Termination)
19.1 Wet Geo and Media Thai may terminate your membership, delete your profile and any content or information that you have posted on the Sites or through any Platform Application and/or prohibit you from using or accessing the Services or the Sites or any Platform Application (or any portion, aspect or feature of the Services or the Sites or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13, or under 18 and not in high school or college.
19.2 When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.
Article 20 (Justice Jurisdiction)
Conflicts between “Wet Geo” “Media Thai” and “user” on service utilization may be occurred should comply with the national law of the Kingdom of Thailand , and a law suit of the conflict should be brought to the court of justice of Thailand.
Article 21 (Indemnity)
You agree to indemnify and hold Wet Geo and Media Thai, its subsidiaries and affiliates, and each of their chief officers, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Sites (including through the Share Service), your use of the Services or the Sites, your conduct in connection with the Services or the Sites or with other users of the Services or the Sites, or any violation of this Agreement or of any law or the rights of any third party.
Article 22 (Submissions)
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Sites or the Services ("Submissions"), provided by you to Media Thai are non-confidential and shall become the sole property of Wet Geo and Media Thai. Wet geo and Media Thai shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Article 23 (Other)
23.2 If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.