Terms of Use

Welcome to the Wild Sphere™ website at wildsphere.com ("Site") which is owned by GEORGE CHIU. This Site is operated by GEORGE CHIU and materials on the Site are owned, for the most part, by GEORGE CHIU. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and GEORGE CHIU.

GEORGE CHIU has created this Site for your personal enjoyment, entertainment and education. However, you are only authorized to access this Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use which constitute an Agreement between you and GEORGE CHIU.

Please read these Terms of Use carefully and save them. By using this Site, you signify your agreement to these terms of use and you agree to follow and be bound by the following terms and conditions concerning your use of the site. If you do not agree to these terms of use, you may not use the Wild Sphere™ Site and you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at RSHeslin@dracos-promotions.com.

 

GEORGE CHIU reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.

If you become aware of misuse of this Site by any person, please contact the Site Administrator with your concerns.

ACCESS AND USE

All materials contained in this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material. 

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of GEORGE CHIU or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited. 

Requests for permission to reproduce or distribute materials found on this Site can be made by contacting GEORGE CHIU in writing at: 

wildsphere@xsmail.com

You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away. 

BULLETIN BOARDS AND CHAT ROOMS

You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with this Site) (collectively "Messages") to bulletin boards, chat rooms or other public areas, or any instant messaging, mobile messaging or e-mail function (including, but not limited to, electronic greeting cards) within, or in connection with, this Site (collectively "Forums"). However, GEORGE CHIU accepts no responsibility whatsoever in connection with or arising from such Messages. In addition, children under the age of 13 are not authorized to post messages or participate in forums on this site. 

GEORGE CHIU does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by GEORGE CHIU prior to posting and do not necessarily reflect the opinions or policies of GEORGE CHIU. GEORGE CHIU makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, GEORGE CHIU reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time. 

GEORGE CHIU assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time GEORGE CHIU chooses, in his sole discretion, to monitor the Forums, GEORGE CHIU nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended.

You agree that GEORGE CHIU accepts no liability whatsoever if he determines to prevent your Messages from being submitted or if he edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Site by any other person. If you participate in any Forum within this Site, you agree to follow our terms set forth below:

You agree that you will not submit to Forums any Messages that:

  • are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
     
  • violate the copyright, trademark or other intellectual property rights of any other person. By submitting Messages to Forums, you represent to GEORGE CHIU that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner;
     
  • improperly assume or claim the identity, characteristics or qualifications of another person
     
  • are for purposes of spamming
     
  • contain any virus or other harmful component
     
  • are libelous, or an invasion of privacy or publicity rights or any other third party rights; or
     
  • are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.
     

You agree that any Message whatsoever submitted by you becomes the property of GEORGE CHIU and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as GEORGE CHIU sees fit.

You agree to release GEORGE CHIU and his employees, and agents from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them. 

You acknowledge that anything you submit to this Site by way of any Forum is routed through Wild Sphere™’s servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Forums and features on this Site are forums for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

Users or visitors shall remain solely responsible for the content of their messages in the Forums. We are not responsible for the content or opinions posted or sent by users in any Forum. You take responsibility for postings under your username and use the information provided in the Forums at your own risk. We reserve the right to remove or edit content from any Forum at any time and for any reason although we have no duty to do so.

When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user-generated content area. Information obtained in a Forum may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading, investment, or any other decisions made based on such information.

HOUSE RULES

The following is a list of the House Rules of conduct for this Site. By using this Site you agree not to do any of the following in connection with Wild Sphere™ or this Site:

  • Post, distribute, or otherwise make available or transmit any data, text, message, or computer file that we deem to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (b) bigoted, hateful, or racially offensive; (c) vulgar, obscene, or sexually explicit (language or images); or that (d) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
     
  • Post, distribute, or otherwise make available or transmit any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;
     
  • Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any Forum for commercial purposes of any kind,
     
  • Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;
     
  • Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
     
  • Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;
     
  • Delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
     
  • Post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme of any Forum.
     

    • We reserve the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these House Rules. We also reserve the right to remove messages, e-mails, or postings that do not pertain to the designated topic or theme of the Forum.

    We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using this Site in violation of the law.

    UNSOLICITED SUBMISSIONS 

    We are pleased to hear from our visitors and welcome your comments regarding our products and services. Unfortunately, however, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).

    THEREFORE, GEORGE CHIU does not knowingly accept unsolicited submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. GEORGE CHIU's policy is to simply delete any such submission without reading it or forwarding it to other Wild Sphere™ staff. Therefore, any similarity between an unsolicited submission and any elements in any Wild Sphere™ creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. 

    If, through participation in certain activities, you send any material (e.g., postings to chat, boards, or contests) or, despite our request, you send us unsolicited creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against GEORGE CHIU relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.

    EMPLOYMENT OPPORTUNITIES

    GEORGE CHIU may, from time to time, post employment opportunities on the Site and/or invite users to submit resumes to him. If you choose to submit your name, contact information, resume and/or other personal information to GEORGE CHIU in response to employment listings, you are authorizing GEORGE CHIU to utilize this information for all lawful and legitimate hiring and employment purposes. GEORGE CHIU also reserves the right, at his sole discretion, to forward the information you submit to his staff and affiliates for legitimate business purposes. Nothing in these Terms of Use or contained in the Site shall constitute a promise by GEORGE CHIU to interview, hire or employ any individual who submits information to him, nor shall anything in these Terms of Use or contained in the Site constitute a promise that GEORGE CHIU will review any or all of the information submitted to him by users. 

    LINKED SITES AND ADVERTISING

    If you are interested in creating hypertext links to this Site, you must contact Legal Department of Wild Sphere™ at wslegal@xsmail.com 

    before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or GEORGE CHIU. 

    If this Site has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that GEORGE CHIU is connected with, operates or controls these web sites. 

    GEORGE CHIU is not responsible for the content or practices of third party web sites that may be linked to this Site. This Site may also be linked to other web sites operated by companies affiliated or connected with GEORGE CHIU. When visiting other web sites, however, you should refer to each such web site's individual "Terms of Use" and not rely on this Agreement.  GEORGE CHIU takes no responsibility for third party advertisements which are posted on this Site, nor does he take any responsibility for the goods or services provided by its advertisers.

     

    DISCLAIMER OF LIABILITY AND WARRANTIES

    THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

    We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from this Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from this Site or third-party content on our Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

    While GEORGE CHIU does his best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk. 

    You acknowledge that GEORGE CHIU and third party content providers, their parents and affiliates together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network. 

    You acknowledge that GEORGE CHIU is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person. 

    You acknowledge that GEORGE CHIU and third party content providers are not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site. 

    INDEMNITY

    You agree to defend, indemnify and hold harmless GEORGE CHIU and his employees, and agents from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties. 

    You are entirely responsible for maintaining the confidentiality of your member name(s), password(s), and your account, as well as all activities that occur under your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

    LIMITATION OF LIABILITY

    UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR MATERIALS OR FUNCTIONS ON THIS SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THIS SITE.

    TERMINATION

    GEORGE CHIU reserves the right to immediately terminate your use of, or access to, this Site at any time if GEORGE CHIU decides at his sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that GEORGE CHIU considers to be inappropriate or unacceptable. 

    COPYRIGHT INFRINGEMENT

    If you believe that any material contained in this Site infringes your copyright, you should notify GEORGE CHIU of your copyright infringement claim in accordance with the following procedure. 

    GEORGE CHIU will process notices of alleged infringement which he receives and will take appropriate action as required by the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent:

    George Chiu
    E-mail: wslegal@xsmail.com 

    To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

    1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
       
    2. 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;
       
    3. 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;
       
    4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
       
    5. A statement that the complaining party has 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;
       
    6. 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.
       

    JURISDICTIONAL ISSUES

    This Agreement is governed by, and construed in accordance with, the laws of the State of California without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

    OTHER

    This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

    AMENDMENT

    We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time. In the event that we do so, we will notify you of any such change, modification, addition, or deletion by sending you an e-mail at the last e-mail address that you provided us, and/or by prominently posting notice of the any such change, modification, addition, or deletion on the Web sites covered by these terms of use. Any such change, modification, addition, or deletion will be effective upon the earlier of ten (10) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of such notice on the Web sites covered by these terms of use. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes, modifications, additions, or deletions described in the notice.

    TRADEMARKS

    WILD SPHERE is a trademark of GEORGE CHIU, and all other trademarks, service marks and trade names used on the Site are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of GEORGE CHIU or the owner of such trademark, service mark or trade name, except as explicitly permitted in these Terms of Use.