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Terms and Conditions of Use of Your
Virtual World Terms and
Conditions PLEASE READ THE TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING THIS SITE. We maintain this web site as a service to our customers, and by using
our site you are agreeing to comply with and be bound by the following terms of
use. Please review the following terms and conditions carefully, and check them
periodically for changes. If you do not agree to the terms and conditions, you
should not review information or obtain goods, services or products from this
site. These
are the terms and conditions put forth by Your Virtual World: 1 USE OF
WEB SITE ON THESE CONDITIONS 1.2 We maintain this
web site as a service to our customers, and by using our site you are agreeing
to comply with and be bound by the following terms of use. If you do
not agree to these conditions cease use of the Site immediately. 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your subscription or affiliate membership has been revoked, Your Virtual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. 1.10 Privacy Policy. Our Privacy Policy , as it may change from time to time, is a part of this Agreement. 1.11
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. 2 ACCURACY
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
COPYRIGHT 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
OUR LIABILITY 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. 4.8
Use of Information. We reserve the right, and you authorize
us, to the use and assignment of all information regarding Site uses by you and all information provided
by you in any manner consistent with our Privacy Policy. 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. 5 BARRING
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 GENERAL 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. 8 FURTHER
INFORMATION info@yourvirtualworld.tv. Version
4 January 2013 Copyright
© 2013 Your Virtual World |
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