Terms of Service

WiredBerries "The Network for Healthy Living" (" WiredBerries") that you are now accessing is presented by Realtimepublishers.com ("RTP" )currently located at http://www.realtimepublishers.com. The following Terms of Service ("TOS") govern your use of the WiredBerries and each of the Partner Areas.

1. Acceptance of Terms of Service

By completing the registration process and clicking on the "join" button, you agree to be bound by these TOS in your access to and us of the The Network and the Partner Network Areas.

Any author/user that submits content to Wiredberries (“The Publisher”) for payment and publication hereby assigns exclusively to Publisher all present and future rights and interest in and title to the Work, including without limitation the right to edit the Work and to publish the same in any magazine, book, compilation, reprint, electronic format, special edition, and domestic or foreign translation of any of the foregoing produced by Publisher or its licensees or assignees.

2. Privacy/Registration Information

RTP respects the privacy of visitors that access WiredBerries Sites or any Partner Social Network Area. Please take a moment to review the Privacy Policy governing WiredBerries. By completing the registration process and clicking on the "join" button, you agree to the terms of the Privacy Policy.

The WiredBerries Network is intended for adult use only. Anyone under the age of 18 is not permitted to register to use the WiredBerrries Network. RTP and WiredBerries reserve the right to deny access to the Sites and/or any Partner Social Network Area, or any service provided through such sites or areas, to anyone who violates these TOS or who, in RTP's reasonable judgment, interferes with the ability of others to enjoy the WiredBerries Network or infringes on the rights of others. While not limiting the foregoing, you acknowledge and agree that your account used to access the WiredBerries Network may be terminated by RTP and/or any Partner if they learn, at any time, that you have provided false or misleading information during the process of registering (or re-registering) on the WiredBerries Network.

3. Modifications to these Terms of Service

RTP and WiredBerries Network may modify these Terms of Service and/or the Privacy Policy from time to time in their sole discretion. You will be provided reasonable notice of any material changes to these TOS or the Privacy Policy; your continued use of the WiredBerries Network constitutes your acceptance of any changes to these Terms of Service or the Privacy Policy.

4. Modifications to the WiredBerries Network Areas

RTP may, in their sole discretion, add, delete, modify or amend features and/or services contained within the WiredBerries Network.

5. Content Produced by Registered Members (Your License to Us and Our License to You)

You alone are responsible for any materials you post or make available on or through the WiredBerries Network including but not limited to message board posts, journals, bookmarks, homepages, personal profiles and member profiles. Additionally, you alone are responsible for the consequences of any content you post or otherwise make available on or through the WiredBerries Network. By submitting or otherwise making available materials on or through the WiredBerries Network you are representing that you are the owner of such materials, or are submitting the materials with the express consent of the owner.

By submitting or otherwise making available materials to public areas of the WiredBerries Network you agree that including their respective agents, affiliates, licensors and service providers (collectively, "Third Party Providers") will at all times maintain a perpetual, irrevocable, royalty-free, worldwide, fully paid, assignable right and license to reproduce, repurpose, use, store, modify, edit, distribute or make available any portion or portions of such materials as they see fit in any medium, now known or hereafter developed, for any purpose whatsoever, subject only to the terms set forth in these Terms of Service. While not limiting the rights under the foregoing sentence, RTP and the Partners each reserve the right to excerpt, store, use or distribute, in whole or in part, any content, text, or images contained in your personal profiles or posted by you on any public areas maintained within the WiredBerries Network along with your screen name or any Network nickname you select, and feature them in ads, supplements and content pages in any print publications owned, controlled or otherwise maintained by WiredBerries. You also agree that WiredBerries may identify you as the author of any of your postings by name, email address or screen name as each deems appropriate.

You acknowledge and agree that WiredBerries reserves the right (but assumes no obligation) to delete, move, or edit any postings that come to their attention that they consider unacceptable or inappropriate, whether for legal or other reasons.

You agree not to use the WiredBerries Network to post, distribute, or otherwise make available any content or materials (including but not limited to text, graphics, video, software programs or audio) that are unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable, or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law, regulation or judicial ruling. You also agree not to post content or materials that contain advertising or any form of commercial solicitation. Additionally, you agree not to impersonate any other person or entity, including impersonating an employee or consultant of either RTP or any Partner.

You agree not to post or otherwise make available any contact information (related to you or any other person) in any public areas (e.g., personal profiles, message boards, etc.) maintained within the WiredBerries Network. The term "contact information" includes but is not limited to any person's full name, email addresses, phone numbers and mailing addresses. WiredBerries reserves the right, but do not maintain the obligation, to remove any contact information they might find in such public areas. You acknowledge and agree that WiredBerries, the Partners and any Third Party Providers will maintain no responsibility whatsoever for any contact or interaction that occurs between you and any other user or member of the WiredBerries Network. As between you, WiredBerries Network and Affiliates and any Third Party Providers, you alone shall be solely responsible for any consequences arising from your sharing, making available or otherwise exchanging, through a public area on the web or via a private exchange, any form of "contact information" with any user or member of the WiredBerries Network.

Any images you post in personal profiles must be of you only. If you post a photo, WiredBerries and/or each Partner may feature you and your photo as a Person of the Day on the WiredBerries Network. If you are featured as a Profile of the Day, any changes you make to your personal profile that day (including adding or deleting photos, editing preferences or text, hiding or deleting the personal profile, etc.) will not be reflected in the photo or quote featured. You may opt out of being featured in the Profile of the Day via the 'Edit Profile' screen but you MUST opt out prior to being selected. Any images of yourself that you upload to your personal profiles must be recent photographs of yourself.

Except when posting to an adult social network as permitted by applicable law, under no circumstances shall you post or otherwise make available images of genitalia or other graphic sexually oriented content in your personal profiles or in any other public areas within the WiredBerries Network or any Network Areas; if you do, WiredBerries and/or each Partner maintains the right, but does not assume the obligation, to delete your personal profile, edit your personal profile by removing such images or content, and/or terminate your membership to the WiredBerries Network., whereby your membership will be automatically forfeited.

6. Copyrighted Material

While it's free to register with WiredBerries, neither WiredBerries nor its Partners intend to forfeit their rights, or anyone else's rights, to the materials appearing on the WiredBerries Network . The materials available through the foregoing services, sites and areas are the property of RTP and WiredBerries and are protected by copyright, trademark and other intellectual property laws. You are free to access and use the WiredBerries Network for personal, non-commercial use. But you may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such materials in any format, electronic or otherwise. Your access to content posted by WiredBerries members is also for your personal use only. If you want to redistribute such content, it is your responsibility to obtain permission from the member who posted it.

If you believe that your copyrighted work has been infringed and you want WiredBerries to take down or disable the distribution of such work, please provide the WiredBerries copyright agent with the following information. The information requested is intended to substantially conform to the requirements set forth in the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (c)(3)(A).

A. A physical or electronic signature of a person authorized to act on behalf of the copyright owner or exclusive licensee.

B. Identification of the copyrighted work claimed to be infringed. If a notice refers to multiple works posted at a single location, it is sufficient to include a representative list of works infringed at the site.

C. Identification of the material claimed to be infringing including information reasonably sufficient to permit the service provider to locate the material . Specifically, a complete URL - or URLs in the case of multiple works - must be provided.

D. Information reasonably sufficient to permit us to contact the complaining party, including an address, telephone number, and email address.

E. A statement that the complaining party believes, in good faith, that the copyrighted material identified is being used in a manner that is not authorized by "the copyright owner, its agent, or the law."

F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Any notification by a copyright owner or a person authorized to act on the copyright owner's behalf that fails to comply with the provisions above shall not be considered sufficient notice and shall not be deemed to confer upon the WiredBerries Network or its Partners actual knowledge of facts or circumstances from which infringing material or acts are evident.

Notices shall be sent to the Designated Agent for Notice of claims of copyright infringement of WiredBerries Networks as follows:
By e-mail:
editor@wiredberries.com

By postal mail or courier:
WiredBerries Editor
Realtimepublishers.com
300 Montgomery Street., Suite 1121
San Francisco, CA
Telephone: (415) 477-0100 ext 110

The Designated Agent will accept reports alleging copyright infringement by persons using the WiredBerries Network.

7. Your Account and Password

You are responsible for maintaining the confidentiality of your member name and password. You are responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify WiredBerries Network of any unauthorized use of its account. You agree to pay all charges that accrue to your account through your use or the use of those authorized by you. You may cancel your account at any time by emailing support@wiredberries.com Once your account has been deleted you will no longer have access to your account.

8. Links

WiredBerries Network, Partners or relevant third parties, may provide links to other web sites or resources. Because WiredBerries Network has no control over such sites and resources, you acknowledge and agree that the WiredBerries Network is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for the policies or terms of use of any such sites or resources or any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the WiredBerries Network shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

9. Journal Content

Guidelines for posting to your online journal shall be as follows:
A. All Content posted to the WiredBerries Network in any way, is the responsibility and property of the author. WiredBerries is committed to keeping the Service in decent standing for all audiences but is not responsible for the monitoring or filtering of any journal Content. Those users posting material not suitable for all audiences must agree that they are fully responsible for all the content they have posted anywhere on the service. Should content be deemed illegal by such law having jurisdiction over the user, WiredBerries is committed to submitting all necessary information to the proper authorities;

B. Should any Content be reported to WiredBerries as being offensive or inappropriate, WiredBerries may or may not call upon the author to retract, modify, or protect (by means of private and friends only settings) the Content in question. WiredBerries has the full authority to terminate any such reported and verified offensive account holding such inappropriate content or delete any content it views as violating its TOS. WiredBerries, however, is under no obligation to restrict or monitor journal Content in any way;

C. WiredBerries claims no ownership or control over any Content posted by its users. The author retains all patent, trademark, and copyright to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the WiredBerries staff in protecting such Content;

D. WiredBerries reserves the right, without limitation except by law, to serve Member or User Content on the web. WiredBerreis also reserves the right, without limitation, to resell any portion of a Member's journal back to that individual;

E. You acknowledge that WiredBerries does not pre-screen Content, but that WiredBerries and its designates shall have the right (but not the obligation) on their sole discretion to refuse or remove any Content that is available through the Service. Without limiting the foregoing, WiredBerries and its designates shall have the right to remove any content that violates this TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Furthermore, WiredBerries reserves the right to limit access to your journal, if found in violation of this TOS.

10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The materials and services provided through the WiredBerries Network and Partner Areas are for informational purposes only. You may only use the materials and services for your personal and non-commercial use. Before you act on any information you've found on the WiredBerries Site or any Partner Area, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THE WIREDBERRIES NETWORK OR ANY PARTNER AREAS, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE, LOSS OR HARM YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE WIREDBERRIES NETWORK AND/OR PARTNER AREAS. THE WIREDBERRIES NETWORK AND PARTNER AREAS, AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE ON OR THROUGH ANY OF THE FOREGOING, ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." THE WIREDBERRIES NETWORK, THE PARTNERS, AND EACH PARTY'S THIRD PARTY PROVIDERS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE WIREDBERRIES NETWORK OR PARTNER AREAS, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES PROVIDED THROUGH THE WIREDBERRRIES NETWORK SERVICE OR PARTNER AREAS WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE WIREDBERRIES NETWORK AND ITS PARTNERS MAKE NO WARRANTY THAT THE NETWORK OR THE AREAS WILL MEET YOUR REQUIREMENTS, OR THAT THE WIREDBERRIES NETWORK SERVICE OR THE PARTNER AREAS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES THE WIREDBERRIES NETWORK AND ITS PARTNERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE NETWORK SERVICE OR THE PARTNER AREAS AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WIREDBERRIES NETWORK.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WIREDBERRIES NETWORK OR PARTNER AREAS IS 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 DOWNLOADING OF SUCH MATERIAL AND/OR DATA.

THE WIREDBERRIES NETWORK, PARTNERS, AND THEIR RESPECTIVE THIRD PARTY PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE NETWORK ANY PARTNER AREAS, OR ANY TRANSACTIONS ENTERED INTO THROUGH ANY PARTNER AREAS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE WIREDBERRIES NETWORK OR ANY PARTNER AREAS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF SERVICE.

UNDER NO CIRCUMSTANCES SHALL THE WIREDBERRIES NETWORK, THE PARTNERS, AND THEIR RESPECTIVE THIRD PARTY PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF THE USE OF THE NETWORK SERVICE OR ANY PARTNER AREA(S) INCLUDING, WITHOUT LIMITATION, LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE WIREDBERRIES NETWORK, EACH PARTNER, AND THEIR RESPECTIVE THIRD PARTY PROVIDERS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

YOU AGREE THAT THE LIABILITY, IF ANY, OF SSN, THE PARTNERS AND THEIR RESPECTIVE AFFILIATES, AGENTS AND LICENSORS ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SOCIAL NETWORK SERVICE, THE WIREDBERRIES NETWORK AND ANY PARTNER AREAS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE NETWORK SERVICE.

11. Member Content Storage

The WiredBerries Network, its Partners and their respective Third Party Providers assume no responsibility for the deletion, the inability, or failure to store your content.

12. Indemnification

You agree to defend, indemnify and hold the WiredBerries Network, the Partners, their respective parents, subsidiaries, affiliates and agents, and each of their respective officers, directors, employees and Third Party Providers harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the WiredBerries Network and any Partner Area(s), your violation of these Terms of Service, your violation of any laws, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.

13. Termination of Membership

The WiredBerries Network and its Partners reserve the right to refuse membership to anyone. WIredBerries may terminate your membership and any and all information, communications, or postings at any time, without notice, for conduct that violates these Terms of Service or other policies or guidelines set out by WiredBerries and elsewhere on, or for online conduct that WiredBerries and/or its Partners believe is harmful to other members, the business of WiredBerries and/or its Partner Areas, or other third-party information providers.

WiredBerries and the Partners can't regulate what occurs when WiredBerries members decide to communicate outside the WiredBerries Network or otherwise meet offline. Nevertheless, if WiredBerries believes that your use of the Network could lead to offline behavior that is harmful to you, other Network members, the public, WiredBerries's business or the business of any Partner or Third Party Provider and/or each Partner maintains the right (but not the obligation) to suspend your account. Depending on the severity of the matter, number of complaints (if any), and other factors, WiredBerries or a Partner may or may not send you warning emails before suspending your account. Likewise, WiredBerries, the Partners and their respective Third Party Providers each maintain the right (but not the obligation) to review private electronic messages distributed through the Network Service and/or the Partner Areas, and to use any other form of information available to WiredBerries, the Partners and the Third Party Providers by virtue of your use of the Network Service or Partner Areas (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce these Terms of Service, or to protect the rights, property or safety of our members, visitors, customers, the public, WiredBerries the Partners, or any Third Party Providers.

14. Governing Law; Legal Venue

This TOS shall be governed by the laws of the State of Calfornia in The United States of America, excluding that body of law known as conflicts of law and the United Nations Convention on Contracts for the Sale of Goods. You irrevocably (i) agree that any action or proceeding arising from or relating to this TOS or your use of the WiredBerries Network and Partner Areas may be brought only in the courts of California, (ii) consent, for yourself and in respect of your property, to the jurisdiction of each such court in any such action or proceeding, and (iii) waive any objection to proceeding in such venue, including that the forum is inconvenient. YOU IRREVOCABLY WAIVE ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS TOS OR YOUR USE OF THE WIREDBERIES NETWORK AND PARTNER AREAS.

15. Miscellaneous

If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This TOS, together with the Privacy Policy, which is incorporated herein by reference, constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter. Except as expressly provided otherwise in this TOS, this TOS may be amended only by a writing signed by both parties. The provisions of this TOS are to be interpreted in a reasonable manner to effect the purpose of the parties, and this TOS is not to be interpreted or construed against us because we participated in the drafting of this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision. We may assign or transfer this TOS, in whole or in part, to any party without notice. All terms and conditions of this TOS which by their nature are meant to survive the termination of this TOS will survive termination.

BY USING THE WIREDBERRIES NETWORK SERVICES YOU AGREE TO BE BOUND BY THIS TOS.