These Terms and Conditions set out the legally binding terms with respect to your use of and our provision of the weKnow, Inc. Site and weKnow, Inc. Services. You must take the time to read and understand it.

By using the weKnow, Inc. Services (as defined below) which are owned and operated by weKnow, Inc. and by accessing the weKnow, Inc. Site located at http://www.weknow.com, and all linked pages owned and operated by weKnow, Inc., you agree to be bound by these terms of service, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, "Terms of Service"). Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.weknow.com/terms_of_use.php. weKnow, Inc. may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. weKnow, Inc. also may offer other services from time to time that are governed by different terms and conditions.

1. Eligibility: You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. weKnow, Inc. takes a child's privacy very seriously, and we adhere to the requirements of the Children's Online Privacy Protection Act. Accordingly, if you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
   
   
2. Registration and Security: In order to access some features of the Website or use weKnow, Inc. Services, you will have to register yourself with weKnow, Inc. and have to select a password and user name, which shall consist of an Email address you own and use ("User ID"). If you register, you agree to provide weKnow, Inc. with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. You may not: (i) enter, select or use a false name or an Email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. weKnow, Inc. reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the weKnow, Inc. Service shall be for your personal use only. You agree to (a) immediately notify weKnow, Inc. of any unauthorized use of your User ID or password, and (b) ensure that you exit from your account at the end of each session. Accordingly, we encourage you to be aware when you leave the weKnow, Inc. Website and to read the terms and conditions and privacy policy of each other website that you visit.
   
   
3. Changes to the Agreement or the weKnow, Inc. Services: You agree and understand that weKnow, Inc. may modify Terms of Service at any time without prior notice, and such modifications will be effective upon weKnow, Inc.’s posting of the new terms and/or upon implementation of the new changes on the weKnow, Inc. Site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the weKnow, Inc. Service after any modifications indicates your acceptance of the modified Terms of Service. You agree that weKnow, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
   
   
4. General Use of the Website -- Permissions and Restrictions: weKnow, Inc. hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that you agree that you shall not (and you agree not to allow any third party to):
   
   
   
   1. upload, post, Email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or hateful racially, ethnically or otherwise objectionable;
   2. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the weKnow, Inc. Site and/or weKnow, Inc. Service;
   3. transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
   4. access, retrieve or index any portion of the weKnow, Inc. Site and/or weKnow, Inc. Service for purposes of constructing or populating a searchable database of business reviews;
   5. remove any copyright, trademark or other proprietary rights notices contained in or on the weKnow, Inc. Site and/or weKnow, Inc. Service or in or on any Content or other material obtained via the weKnow, Inc. Site and/or weKnow, Inc. Service;
   6. to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, Email) for any commercial solicitation purposes other than to solicit and share reviews with other weKnow, Inc. users or members;
   7. upload, post, Email or otherwise transmit 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. alter or modify any part of the Website, including but not limited to weKnow, Inc. Embeddable Player or any of its related technologies;
   9. use the Website, including the weKnow, Inc. Embeddable Player for any commercial use, without the prior written authorization of weKnow, Inc.. Prohibited commercial uses include any of the following actions taken without weKnow, Inc. express approval:
      • sale of access to the Website or its related services (such as the Embeddable Player) on another website;
      • use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
      • the sale of advertising, on the weKnow, Inc. website or any third-party website, targeted to the content of specific User Submissions or weKnow, Inc. content;
      • and any use of the Website or its related services (such as the Embeddable player) that weKnow, Inc. finds, in its sole discretion, to use weKnow, Inc.’s resources or User Submissions with the effect of competing with or displacing the market for weKnow, Inc., weKnow, Inc. content, or its User Submissions.
   10. 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;
   11. violate any code of conduct or other guidelines which may be applicable for any particular area of the Service; or intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
   12. If you use the weKnow, Inc. Embeddable Player on your website, you must include a prominent link back to the weKnow, Inc. website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way;
   13. weKnow, Inc. reserves the right to discontinue any aspect of the weKnow, Inc. Website at any time.
       
       
5. Content Posted By You on the weKnow, Inc. Site: You are solely responsible for any Content and other material that you submit, publish or display on the weKnow, Inc. Site or transmit to other members and/or other website users (hereinafter, "Posted Content").
   
   
   
   1. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
   2. You may not provide any Posted Content that falsely express or imply that such Content or material is sponsored or endorsed by weKnow, Inc..
   3. You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.
   4. You understand and agree that weKnow, Inc. may review and delete any business listings (including business name, address, phone, fax, distance, reviews, rating, reviews) or other Posted Content that in the sole judgment of weKnow, Inc. violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the weKnow, Inc. Site and/or other website users.
   5. You are solely responsible for your ratings and reviews of businesses listed on weKnow, Inc.. weKnow, Inc. reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed.
   6. You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information.
   7. Anything contained herein to the contrary notwithstanding, by submitting Content to weKnow, Inc., through member pages, message boards, forums, contests and chat rooms, photos, videos and any other content you grant weKnow, Inc. and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. In addition by submitting content to weKnow, Inc., you represent and warrant that the content is your original work, or if any part is not your original work, you represent and warrant that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit anyone to access, display, view, store and reproduce such Content for personal use. Subject to the foregoing, the owner of such Content placed on weKnow, Inc. retains any and all rights that may exist in such Content. A back-up or residual copy of the Content posted by you may remain on the weKnow, Inc. servers after you have removed the Content and weKnow, Inc. retains the right to those copies.
   8. The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the weKnow, Inc. Site. weKnow, Inc. reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the weKnow, Inc. Service and terminating the membership of such violators or blocking your use of the weKnow, Inc. Service and/or weKnow, Inc. Site. You may not post Content that:
      • is false or intentionally misleading;
      • is patently offensive to users of the weKnow, Inc. Site, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      • harasses or advocates harassment of another person;
      • involves the transmission of unsolicited mass mailing or "spamming";
      • violates the intellectual property or other rights of any person;
      • promotes illegal activities or conduct that is abusive;
      • is threatening, obscene, defamatory or libelous;
      • is pornographic or sexually explicit in nature; and
      • seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
   
   
6. Termination Policy: These Terms of Service will remain in full force and effect while you use the weKnow, Inc. Site and/or weKnow, Inc. Services. You agree that weKnow, Inc., in its sole discretion, may terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if weKnow, Inc. believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of service, may be referred to appropriate law enforcement authorities. weKnow, Inc. may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that weKnow, Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that weKnow, Inc. shall not be liable to you or any third-party for any termination of your access to the Service. A back-up or residual copy of the Content posted by you may remain on the weKnow, Inc. servers after you have terminated your account and weKnow, Inc. retains the right to those copies.
   
   
7. Copyright Dispute Policy:
   
   
   
   1. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
      • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
      • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
      • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      weKnow, Inc.'s designated Copyright Agent to receive notifications of claimed infringement is:
      

      	weKnow, Inc. Att: Copyright Agent 560 S. Winchester Blvd. Floor 5, San Jose, CA 95128. Fax: 408-273-6375 Email:copyright@weknow.com

      For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to weKnow, Inc. customer service through http://www.weknow.com/contact.php .
      
   2. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
      • Your physical or electronic signature;
      • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
      • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
      • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
      If a counter-notice is received by the Copyright Agent, weKnow, Inc. may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at weKnow, Inc.'s sole discretion.
      
      
8. Disclaimer of Warranties:
   YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. weKnow, Inc. 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, TITLE AND NON-INFRINGEMENT.
   weKnow, Inc. 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, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
   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. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM weKnow, Inc. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
   ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN. weKnow, Inc. DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND ON THE SERVICE AND, THEREFORE, weKnow, Inc. SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SERVICE AND ANY OTHER ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICE.
   
   
9. Limitation of Liability:
   IN NO EVENT SHALL weKnow, Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE weKnow, Inc. WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
   YOU SPECIFICALLY ACKNOWLEDGE THAT weKnow, Inc. SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
   
   
10. Indemnity: You agree to defend, indemnify and hold harmless weKnow, Inc., its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the weKnow, Inc. Website; (ii) your violation of any term of these Terms of Service; (iii) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (iv) any claim that one of your User Submissions caused damage to a third party; or (v) any misrepresentation made by you in connection with your use of the Services. This defense and indemnification obligation will survive these Terms of Service and your use of the weKnow, Inc. Website. Also, weKnow, Inc. does not endorse any opinion, recommendation, or advice expressed on the website. Your use of the weKnow, Inc. Service is entirely at your own risk and weKnow, Inc. expressly disclaims any and all liability in connection with the same.
    
    
11. Interactions With Third Parties: The weknow.com website and content available through the Service may contain features and functionalities that may link you or provide you with information about, or access to, third party content or events which are completely independent of weKnow, Inc., including parties, events, concerts, web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including attendance at any event, payment and delivery of goods or services (including any event tickets), and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties or attending any event listed or promoted through the Service. You agree that weKnow, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or your attendance at any such event.
    
    
12. Assignment: These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by weKnow, Inc. without restriction.
    
    
13. Trademarks:
       weKnow, Inc.  
    
    are trademarks and service marks of weKnow, Inc. (collectively the "weKnow, Inc. Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to weKnow, Inc.. Nothing in this TOS or the Service should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of weKnow, Inc. Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of weKnow, Inc. Trademarks will inure to our benefit.
    
    
14. General: You agree that: (i) the weKnow, Inc. Website shall be deemed solely based in California; and (ii) the weKnow, Inc. Website shall be deemed a passive website that does not give rise to personal jurisdiction over weKnow, Inc., either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Exclusively a court of competent jurisdiction located in San Mateo County, California shall decide any claim or dispute between you and weKnow, Inc. that arises in whole or in part from the weKnow, Inc. Website. These Terms of Service, together with the Privacy Notice at http://www.weknow.com/privacy_policy.php and any other legal notices published by weKnow, Inc. on the Website, shall constitute the entire agreement between you and weKnow, Inc. concerning the weKnow, Inc. Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and weKnow, Inc.'s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. weKnow, Inc. reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the weKnow, Inc. Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND weKnow, Inc. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE weKnow, Inc. WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.