Terms and Conditions of Use of Your Virtual World
Terms and Conditions
These are the terms and conditions put forth by Your Virtual World:
1 USE OF
WEB SITE ON THESE CONDITIONS
1.3 Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
1.4 You may print and keep a copy of these terms. They are a legal agreement between us and can only be modified with our consent. We reserve the right to change the terms at our discretion by changing them on the web site.
1.5 Fraud: By becoming an affiliate, customer, or subscribing member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your subscription can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by Your Virtual World in its sole discretion. If your subscription or affiliate membership has been revoked, Your Virtual World reserves the right to refuse application or readmission to its affiliate or subscription programs.
1.6 Editing, Deleting, and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
1.7 Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
1.8 Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information and view content or documents is not transferable and may only be used by you. Site administrative tools remain in place to detect and document such abuse.
1.9 Verify Members' Address: Your Virtual World reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from Your Virtual World.
Prohibited Uses. In addition to other prohibitions as set forth in the
Terms of Service, you are prohibited from using the site or its content: (a)
for any unlawful purpose; (b) to solicit others to perform or participate in
any unlawful acts; (c) to violate any international, federal, provincial or
state regulations, rules, laws, or local ordinances; (d) to infringe upon or
violate our intellectual property rights or the intellectual property rights
of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate,
or discriminate based on gender, sexual orientation, religion, ethnicity, race,
age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will
or may be used in any way that will affect the functionality or operation of
the Service or of any related website, other websites, or the Internet; (h)
to collect or track the personal information of others; (i) to spam, phish,
pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose;
or (k) to interfere with or circumvent the security features of the Service
or any related website, other websites, or the Internet. We reserve the right
to terminate your use of the Service or any related website for violating any
of the prohibited uses.
OF INFORMATION AND DISCLAIMER
2.2 If you find any inaccurate information on the Site let us know and we will correct it, where we agree, as soon as practicable.
2.3 You should independently verify any information before relying upon it.
2.4 We make no representations that information is accurate and up to date or complete and accept no liability for any loss or damage caused by inaccurate information.
2.5 Although we hope this Site will be of interest to users, we accept no liability and offer no warranties in relation to it and its content, to the fullest extent such liability can be excluded by law.
3.2 Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. You are not permitted to display content from this site to assembled groups, audiences, or in school classrooms except by purchasing a suitable license for this intended use or by special permission given to you in writing from Your Virtual World. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use except as outlined in article 3.6 below.
You may download information from the Site for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material, in whole or in part, will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Animations, movies, and any other content used or viewed at this Site may not be used for commercial purposes, except by special arrangement.
3.3 Your Virtual World and our logos on the Site are trade names of Your Virtual World. You may not use those names without our consent.
3.4 We may provide hypertext links to other sites which are operated by other people or organizations. Using such a link means you are leaving our Site and we take no responsibility for, and give no warranties, guarantees or representations in respect of linked sites.
4.2 In no event shall we be liable to you for, in the case of non-chargeable services any direct, and for both chargeable and non-chargeable services any indirect or consequential loss, loss of profit, loss of data, revenue or good will arising from your use of the Site or information on the Site. Subject as provided below, all terms implied by law are excluded.
4.3 We are a distributor (and not a publisher) of content supplied by third parties and users of the Site. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any third party opinion, advice or statement made on the Site.
4.4 The information on the Site is not intended to address your particular requirements. Such information does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific investment, or other, decisions. You should take your own advice.
4.5 If you make an arrangement with anyone named or in connection with the Site this is at your sole risk.
4.6 Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
4.7 Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
4.9 Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card or debit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
4.10 Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents, when and where applicable.
4.11 Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
FROM THE SITE
6 LEGAL JURISDICTION AND DISPUTE RESOLUTION
6.1 American law shall apply to these terms, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of the United States of America shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and for those purposes irrevocably submit all disputes to the jurisdiction of the American courts.
6.2 YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF SAN BERNARDINO COUNTY, CALIFORIA OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CALIFORNIA. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT “BIG BEAR, CALIFORNIA OR THE DISTRICT OF CALIFORNIA IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by Your Virtual World in the State of CALIFORNIA, USA. As such, the laws of CALIFORNIA will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
6.3 We make no warranty or guarantee that the Site or information available over it complies with laws other than those of the United States of America.
7.2 Failure by us to enforce a right does not result in waiver of such right.
7.3 You may not assign or transfer your rights under this agreement.
7.4 We may amend these Terms at any time by posting a variation on the Site.
7.5 Since our company is offering non-tangible irrevocable goods we do not issue refunds after the product has been downloaded or is available to view online, which you are responsible for understanding upon purchasing any article at our site. In the event any digital content we ship is damaged or otherwise corrupted we will replace said item(s). You will be notified by email when the new file(s) are shipped.
7.6 You have the full responsibility of assuring that any and all information submitted by you to the Site is accurate and truthful. You further agree to update this information when it has become outdated.
Version 4 January 2013
Copyright © 2013 Your Virtual World